The United Kingdom Internal Market Act 2020 is an
act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
passed in December 2020. It is concerned with trade within the UK, as the UK is no longer subject to
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
. The act seeks to prevent internal trade barriers among the four
constituent countries of the United Kingdom
The United Kingdom of Great Britain and Northern Ireland (UK), since 1922, comprises three constituent countries and a region: England, Scotland, and Wales (which collectively make up the region of Great Britain), as well as Northern Ireland, a ...
, and to restrict the way that certain legislative powers of the
devolved administrations can operate in practice.
The
UK Government
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, date_es ...
has stated that the legislation's intended purpose is to guarantee the continued seamless functioning of the UK's internal market, and to enshrine in law principles to ensure regulations from one part of the UK are recognised across the country.
The
Scottish Government has stated that the legislation is additionally intended to authorise financial assistance by UK government ministers on devolved matters, and reserve devolved powers relating to subsidy control. They said that the intent of the bill was a "power grab", and in a report published in March 2021 said that the act is "radically undermining the powers and democratic accountability of the
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
."
[
While it was before parliament, the ]Conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
MP and Minister for the Cabinet Office
The Minister for the Cabinet Office is a position in the Cabinet Office of the United Kingdom. The minister is responsible for the work and policies of the Cabinet Office, and since February 2022, reports to the Chancellor of the Duchy of Lan ...
, Michael Gove
Michael Andrew Gove (; born Graeme Andrew Logan, 26 August 1967) is a British politician serving as Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmental Relations since 2021. He has been Member of Parli ...
, described the bill as a measure to preserve the territorial integrity of the United Kingdom. The devolved administrations criticised the bill for its re-centralisation of control over commerce, reversing the devolution of power in the United Kingdom.
The bill was rejected a number of times by the House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
. Eventually, the UK government made changes to make it more flexible, and also withdrew some provisions in Part 5 (relating to the Northern Ireland Protocol
The Protocol on Ireland/Northern Ireland, commonly abbreviated to the Northern Ireland Protocol, is a protocol to the Brexit withdrawal agreement that governs the unique customs and immigration issues at the border on the island of Ireland betwe ...
to the Brexit withdrawal agreement
The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Uni ...
) that had attracted controversy because of their impact on the rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
. The act was given Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 17 December 2020, some two weeks before the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
formally left the European Single Market.
The Welsh Government
The Welsh Government ( cy, Llywodraeth Cymru) is the Welsh devolution, devolved government of Wales. The government consists of ministers and Minister (government), deputy ministers, and also of a Counsel General for Wales, counsel general. Minist ...
sought a judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
of the legislation. In a hearing in April 2021, two High Court judges refused permission for a full hearing, ruling that the claim was premature in the absence of specific circumstances giving rise to the arguments raised by the Welsh Government.[
]
Background
The United Kingdom joined the European Communities
The European Communities (EC) were three international organizations that were governed by the same set of institutions. These were the European Coal and Steel Community (ECSC), the European Atomic Energy Community (EAEC or Euratom), and the ...
(EC) in 1973. In 1987, the Single European Act
The Single European Act (SEA) was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a single market by 31 December 1992, and a forerunner of the European Union's Common Foreign ...
, a treaty amendment that sought to increase the European integration
European integration is the process of industrial, economic integration, economic, political, legal, social integration, social, and cultural Regional integration, integration of states wholly or partially in Europe or nearby. European integrat ...
and establish an internal market, entered into force. This internal market, known as the European Single Market, was established by 1993, the same year that the EEC and related organisations were reformed into the European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
(EU).
While a member of the EU and thus part of the European Single Market, the United Kingdom helped develop and was subject to common EU-wide rules on a number of policy areas, aimed at harmonising rules and removing trade barrier
Trade barriers are government-induced restrictions on international trade. According to the theory of comparative advantage, trade barriers are detrimental to the world economy and decrease overall economic efficiency.
Most trade barriers work o ...
s between the member states. These rules governed UK trade during a period when regulatory powers became devolved in the UK and the Good Friday Agreement
The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ; Ulster-Scots: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of The Troubles, a political conflict in No ...
on the Northern Ireland peace process
The Northern Ireland peace process includes the events leading up to the 1994 Provisional Irish Republican Army (IRA) ceasefire, the end of most of the violence of the Troubles, the Good Friday Agreement of 1998, and subsequent political developm ...
was reached.
According to estimates published by the European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
, more than half of Scotland, Wales and Northern Ireland's trade is with the other parts of the UK, in both exports and imports. The majority of England's trade is outside the UK, but the rest of the UK still accounts for more than 10% of its imports and exports.
In a 2016 referendum, the United Kingdom voted to leave the European Union, colloquially known as Brexit
Brexit (; a portmanteau of "British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET).The UK also left the European Atomic Energy Community (EAEC or ...
. After lengthy negotiations, it left on 1 February 2020, but under the agreed withdrawal agreement
The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Uni ...
it remained a part of the European Single Market until the end of a transition period lasting until 31 December 2020.
When the transition period ended on 31 December 2020, authority over a number of policy areas held by the EU reverted to the UK. Of these the UK government identified, in an April 2020 analysis, 154 policy areas that intersect with devolved competence.
Northern Ireland
Article 6 of the Northern Ireland Protocol
The Protocol on Ireland/Northern Ireland, commonly abbreviated to the Northern Ireland Protocol, is a protocol to the Brexit withdrawal agreement that governs the unique customs and immigration issues at the border on the island of Ireland betwe ...
, included in the withdrawal agreement in October 2019, includes reference to the notion of United Kingdom's internal market:
History
In October 2016, following the first meeting of the Joint Ministerial Committee
A ministerial committee is a committee consisting of ministers of various government portfolios.
A joint ministerial committee usually refers to committee consisting of ministers from different governments.
Australia
The term is used in both ...
for two years (and its first following the EU membership referendum), Downing Street
Downing Street is a street in Westminster in London that houses the official residences and offices of the Prime Minister of the United Kingdom and the Chancellor of the Exchequer. Situated off Whitehall, it is long, and a few minutes' walk ...
announced the formation of a Joint Ministerial Committee on EU Negotiations (to be known as "JMC(EN)"). As well as working collaboratively on the EU negotiations, its terms of reference include "issues stemming from the negotiation process which may impact upon or have consequences for the UK Government, the Scottish Government, the Welsh Government or the Northern Ireland Executive". At its meeting in October 2017, the JMC(EN) discussed the progress being made on consideration of common frameworks and agreed the principles that will underpin that work. A key function of the common frameworks, agreed at the meeting, is to:
The common frameworks are a mechanism for the UK and devolved governments to mutually agree some amount of regulatory consistency for policy areas where returning EU powers are within devolved competence. They are sector-specific and jointly agreed between the UK government and the devolved administrations.[ Contains Parliamentary information licensed under th]
Open Parliament Licence v3.0.
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The amendments in the enacted version of the European Union (Withdrawal) Act 2018
The European Union (Withdrawal) Act 2018 (also known as the Great Repeal Act) is an Act of Parliament, Act of the Parliament of the United Kingdom that provides both for repeal of the European Communities Act 1972 (UK), European Communities A ...
put in place the presumption that retained EU law, in areas of devolved competence, will remain within the remit of the devolved legislatures. That legislation allows the UK government to restrict devolved competence by way of regulations, but puts the onus on Whitehall
Whitehall is a road and area in the City of Westminster, Central London. The road forms the first part of the A roads in Zone 3 of the Great Britain numbering scheme, A3212 road from Trafalgar Square to Chelsea, London, Chelsea. It is the main ...
to specify particular powers it intends to protect from modification.
In that context, the common frameworks process led to a long-running disagreement between the UK government and the devolved governments. This was particularly focused on what would happen where a common framework agreement could not be reached. The UK government argued that in such an instance they should be able to decide on regulations unilaterally for the UK as a whole. The Scottish government rejected this argument. There was dispute over whether the devolved administrations should merely be consulted on proposed legislative changes, or that such changes should require their consent.
Publication of the bill
Following the 2019 UK election, the UK Government
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, date_es ...
said in the queen's speech
A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or a representative thereof, reads a prepared speech to members of the nation's legislature when a Legislative session, session is ...
, in a part titled "The Union", that they intended to "maintain and strengthen" the UK's internal market following Brexit. An analysis published by the Cabinet Office
The Cabinet Office is a department of His Majesty's Government responsible for supporting the prime minister and Cabinet. It is composed of various units that support Cabinet committees and which co-ordinate the delivery of government objecti ...
in April 2020 pointed at 18 areas where legislation might be needed for a common framework, 22 areas where agreements with the devolved legislatures were believed to be sufficient (in addition to adjustments to retained EU law
The European Union (Withdrawal) Act 2018 (also known as the Great Repeal Act) is an Act of Parliament, Act of the Parliament of the United Kingdom that provides both for repeal of the European Communities Act 1972 (UK), European Communities A ...
), and 115 areas where there were no plans for common frameworks.
On 16 July 2020, the UK Government
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, image_size = 220px
, image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg
, image_size2 = 180px
, caption = Royal Arms
, date_es ...
published its white paper
A white paper is a report or guide that informs readers concisely about a complex issue and presents the issuing body's philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision. A white paper ...
for the bill, which it said would guarantee the continued seamless functioning of the UK's internal market, and enshrine in law principles to ensure regulations from one part of the UK are recognised across the country.[ The government started a consultation on the white paper, which ran for four weeks and finished on 13 August.
The legislation significantly constrains competences of the devolved administrations both legally and practically. A primary purpose of the legislation is to restrict the capacity of the devolved institutions to use their regulatory autonomy.][ The UK Government claimed that the legislation and related common frameworks were a "power surge" for the devolved administrations. This notion is contradicted by the body of scholarly literature published on the issue, as well as by the ]House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
Select Committee on the Constitution. The impact assessment Policy Impact Assessments (IAs) are formal, evidence-based procedures that assess the economic, social, and environmental effects of public policy. They have been incorporated into policy making in the OECD countries and the European Commission.
Ke ...
that the BEIS department was obliged to publish alongside the bill states: "The final cost of this legislation is the potentially reduced ability for different parts of the UK to achieve local policy benefits. While this legislation does not constrain the ability of different parts of the UK to introduce distinct policies, to the extent that those policies may be enforceable on a reduced number of businesses might make it harder to realise fully the benefits of those policies." Both the Welsh and Scottish governments referred to the legislation as a "power grab".[
On 9 September 2020, the government published the bill. The bill explicitly included provisions that were incompatible with the Withdrawal Agreement and thus, as the government acknowledged, illegal under international law.] In a written statement published on 10 September 2020, the government cited the 2017 decision of the Supreme Court in ''R (Miller) v Secretary of State for Exiting the European Union
''R (Miller) v Secretary of State for Exiting the European Union'' is a United Kingdom constitutional law case decided by the Supreme Court of the United Kingdom, United Kingdom Supreme Court on 24 January 2017, which ruled that the Government ...
'' as supporting the government's position that "Parliament is sovereign as a matter of domestic law and can pass legislation is in breach of the UK’s Treaty obligations."
The bill put the reservation to Westminster of the power to regulate state aid into primary legislation. It also gave UK Government formal spending powers in areas of devolved competence. This provision gives the UK Government the power to fund projects directly without the involvement of the devolved administrations.
Labour
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the labour ...
, Liberal Democrats, Scottish National Party
The Scottish National Party (SNP; sco, Scots National Pairty, gd, Pàrtaidh Nàiseanta na h-Alba ) is a Scottish nationalist and social democratic political party in Scotland. The SNP supports and campaigns for Scottish independence from ...
and Plaid Cymru
Plaid Cymru ( ; ; officially Plaid Cymru – the Party of Wales, often referred to simply as Plaid) is a centre-left to left-wing, Welsh nationalist political party in Wales, committed to Welsh independence from the United Kingdom.
Plaid wa ...
all opposed the bill in parliament. The Democratic Unionist Party
The Democratic Unionist Party (DUP) is a unionist, loyalist, and national conservative political party in Northern Ireland. It was founded in 1971 during the Troubles by Ian Paisley, who led the party for the next 37 years. Currently led by J ...
of Northern Ireland was generally supportive, however Sinn Fein
In the philosophy of language, the distinction between sense and reference was an idea of the German philosopher and mathematician Gottlob Frege in 1892 (in his paper "On Sense and Reference"; German: "Über Sinn und Bedeutung"), reflecting the ...
, the Social Democrat and Labour Party, and the Alliance Party all heavily criticised the original part of the bill that would have allowed the Northern Ireland Secretary of State to break the Northern Ireland Protocol.[
Shortly after the bill was published there were several resignations due to its content. On 8 September 2020, Jonathan Jones resigned his job as head of the ]Government Legal Department
The Government Legal Department (previously called the Treasury Solicitor's Department) is the largest in-house legal organisation in the United Kingdom's Government Legal Service.
The department is headed by the Treasury Solicitor. This office g ...
owing to concerns about "the legal implications of Britain's failure to secure a post-Brexit trade deal with the EU". On 14 September, Rehman Chishti
Atta-Ur-Rehman Chishti (born 4 October 1978) is a Pakistani-born British Conservative Party politician who has been the Member of Parliament (MP) for Gillingham and Rainham since 2010. He served under Theresa May as both the Vice Chair of the ...
resigned his position as the Prime Minister's Special Envoy for Freedom of Religion or Belief, noting in his resignation letter that "I can't support heInternal Market Bill in its current form, which unilaterally break UK's legal commitments." On 16 September, Richard Keen, Baron Keen of Elie
Richard Sanderson Keen, Baron Keen of Elie (born 29 March 1954) is a British lawyer and Conservative Party politician. He was Advocate General for Scotland from May 2015 until his resignation on 16 September 2020.
Early life
Keen was educated ...
resigned his position as Advocate General for Scotland citing concerns arising from the UK Internal Market Bill, noting in his resignation letter to Boris Johnson
Alexander Boris de Pfeffel Johnson (; born 19 June 1964) is a British politician, writer and journalist who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2019 to 2022. He previously served as F ...
that he found it "increasingly difficult to reconcile what I consider to be my obligations as a Law Officer with your policy intentions". On 18 September, barrister Amal Clooney
Amal Clooney (; ar, أمل علم الدين; born 3 February 1978) is a Lebanese and British barrister.
Her clients include Filipino and American journalist Maria Ressa; former President of the Maldives Mohamed Nasheed; Julian Assange, the ...
resigned as the UK's special envoy on media freedom, noting in her resignation letter that "it is lamentable for the UK to be speaking of its intention to violate an international treaty signed by the prime minister less than a year ago."
Part 5 of the bill: Northern Ireland protocol
Some provisions in Part 5 of the bill, clauses 40 to 45, caused considerable controversy both in the UK and internationally.
There were concerns about their impact on the rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
. The UK government ultimately withdrew them before enactment.
Brandon Lewis
Brandon Kenneth Lewis (born 20 June 1971) is a British politician who served as Secretary of State for Justice and Lord Chancellor from September to October 2022. He previously served as Chairman of the Conservative Party from 2018 to 2019 and ...
, Secretary of State for Northern Ireland, told the House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
that the bill would "break international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
in a specific and limited way", by overriding article four of the Brexit withdrawal agreement
The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Uni ...
; specifically by modifying the movement, sale, certification, and oversight of products in Northern Ireland. The government said that the decision to do so was prompted by potential bans on the sale of GB agri-food products in Northern Ireland, should trade negotiations with the European Union fail. The bill was criticised by the European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
for similar reasons.
The Attorney General Suella Braverman
Sue-Ellen Cassiana "Suella" Braverman (; ''née'' Fernandes, born 3 April 1980) is a British barrister and politician who has served as Home Secretary since 25 October 2022. She previously held the position from 6 September to 19 October 2022 ...
stated the UK Government’s legal position about the possible impact of the Bill on the Northern Ireland Protocol:
Senior members of the bar
Bar or BAR may refer to:
Food and drink
* Bar (establishment), selling alcoholic beverages
* Candy bar
* Chocolate bar
Science and technology
* Bar (river morphology), a deposit of sediment
* Bar (tropical cyclone), a layer of cloud
* Bar (u ...
and the judiciary, including the former President of the Supreme Court, David Neuberger
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lo ...
, criticised the clause that would prevent any judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
of its operation. Lord Neuberger indicated that in a situation where the right to challenge the government in court is removed, "you are in a dictatorship, you are in a tyranny".
On 8 December 2020, Chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
Michael Gove and European Union Vice-President of the European Commission for Interinstitutional Relations, Maroš Šefčovič
Maroš Šefčovič (; born 24 July 1966) is a Slovak diplomat and politician serving as Vice-President of the European Commission for Interinstitutional Relations since 2019, previously holding the office from 2010 to 2014. He has been member o ...
, reached an 'agreement in principle' by which the UK government withdrew some provisions in Part 5 of the bill.
Provisions in part 5
Section 46 (originally clause 40) provides that UK government ministers, devolved government ministers and anybody else exercising a function of public nature, when exercising a function relating to the protocol
Protocol may refer to:
Sociology and politics
* Protocol (politics), a formal agreement between nation states
* Protocol (diplomacy), the etiquette of diplomacy and affairs of state
* Etiquette, a code of personal behavior
Science and technology
...
or the movement of goods within the UK, must have special regard for Northern Ireland’s place in the UK internal market and customs territory and the need for a free flow of goods between Great Britain and Northern Ireland.
Section 47 (clause 41) provides that UK government ministers, devolved government ministers and anybody else exercising a function of public nature, must not exercise a function that would result in any new Northern Ireland-Great Britain check, control or administrative process in some circumstances after the transition period ends.
Sections 48 and 49 (clauses 43 and 44) empowers only the Secretary of State to comply with state aid requirements in the protocol to give the European Commission a notification or information relating to state aid and to make secondary legislation in relation to state aid in the protocol.
The UK government withdrew clauses 42 and 45 before enactment. Clause 42 would have empowered ministers to make secondary legislation about the application of exit procedures or a description of goods moving from Northern Ireland to Great Britain. Clause 45 would have provided such secondary legislation to have effect, irrespective of whether it was incompatible or inconsistent with domestic or international law.
Passage through parliament
On 15 September, the bill passed its second reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...
in the House of Commons, by 340 MPs to 263 MPs, following a failed amendment to not hold a second reading proposed by Labour party leader Keir Starmer
Sir Keir Rodney Starmer (; born 2 September 1962) is a British politician and barrister who has served as Leader of the Opposition and Leader of the Labour Party since 2020. He has been Member of Parliament (MP) for Holborn and St Pancras ...
. In total, out of 364 Conservative MPs, 328 voted in favour of the bill at its second reading and two voted against.
On 29 September, the bill passed its third reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...
in the House of Commons by 340 votes to 256, and went to the House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
for consideration and review. Earlier in the day, a new clause that would require "ministers to respect the rule of law and uphold the independence of the courts" was voted down 256 to 350, those voting against being from Conservative and Democratic Unionist
The Democratic Unionist Party (DUP) is a unionist, loyalist, and national conservative political party in Northern Ireland. It was founded in 1971 during the Troubles by Ian Paisley, who led the party for the next 37 years. Currently led by J ...
parties.
In December, after multiple defeats in the House of Lords, the UK government made changes which they said would allow a certain amount of divergence from the internal market rules for the devolved administrations, where these were agreed through the common frameworks. It also allowed the Lords to remove those provisions of the Bill that were in breach of international law. The act received royal assent on 17 December, and came into force on 31 December.
The UK government did not seek legislative consent from the devolved legislatures. However the Scottish Parliament still held a consent vote, where consent was denied. This was only the second act after the EU Withdrawal Act 2020 where the Scottish Parliament has withheld consent since the Parliament was established in 1998.
Developments after enactment
In January 2021, the Counsel General for Wales, Jeremy Miles, announced the Welsh Government would seek judicial review of the legislation. The Welsh Government argued that it would curtail the power of the Senedd
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Gove ...
, the devolved legislature in Wales. The UK government argued the Act did not alter devolved competences. In a hearing in April 2021, two judges of the High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...
ruled that the judicial review could not proceed "in the absence of specific circumstances giving rise to the arguments raised by the claimant and a specific legislative context in which to test and assess those arguments."
Provisions
Mutual recognition and non-discrimination principles
The act aims to prevent trade barriers arising within the United Kingdom due to regulatory divergence between the countries of the UK, as a consequence of the return of regulatory powers to a domestic level post-Brexit
Brexit (; a portmanteau of "British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET).The UK also left the European Atomic Energy Community (EAEC or ...
; this hinges on the two principles of mutual recognition
Mutual recognition occurs when two or more countries or other institutions recognize one another's decisions or policies, for example in the field of conformity assessment, professional qualifications or in relation to criminal matters.
A mutual ...
and non-discrimination.
While the act continues to allow devolved governments to set their own regulations on paper, the mutual recognition principle disapplies these rules to goods and services from other parts of the UK, ensuring that when goods and services can be legally sold in one part of the UK, they can legally be sold in all other parts too.
By doing so, the legislation restricts the devolved authorities' practical capacity to regulate. It puts "frictionless economic exchange" before all other aims of public policy.
The principle of non-discrimination forbids devolved governments from enacting regulations that discriminate between goods produced in, and services provided from, other parts of the UK. This includes both direct discrimination, and indirect discrimination that puts products and services from other parts of the UK at a disadvantage, compared to local products and services. Some service categories are explicitly exempted – these include broadcasting, financial services and postal services.
The act also ensures that professional qualifications in from one part of the UK are automatically recognised in all other parts; this means that people are free to move to other parts, while not having to re-qualify. Some exceptions apply, including when there is a process in place for having one's qualifications recognised (i.e. not automatically).
Office for the Internal Market
The legislation establishes an Office for the Internal Market within the Competition and Markets Authority
The Competition and Markets Authority (CMA) is the competition regulator in United Kingdom. It is a non-ministerial government department in the United Kingdom, responsible for strengthening business competition and preventing and reducing anti-com ...
. The objective of the OIM is monitor the UK internal market and report on any problems. It can instigate such investigations into issues itself, or at the behest of the UK government or one of the devolved administrations. It also required representation of Scotland, Wales and Northern Ireland on the board of the CMA. Unlike its EU counterpart, the OIM does not have the power to enforce decisions.
Spending powers
The act gives the UK Government the ability to directly spend on projects within Scotland, Wales and Northern Ireland, even if those policy areas normally fall under devolved competence.
Subsidy control
The act makes regulating subsidy
A subsidy or government incentive is a form of financial aid or support extended to an economic sector (business, or individual) generally with the aim of promoting economic and social policy. Although commonly extended from the government, the ter ...
(but not the granting of subsidy) a matter reserved for the UK government, something the UK government argue it already was, whereas the Scottish and Welsh government argue it was devolved. This regulation had previously been done by the EU (see State aid (European Union)
State aid in the European Union is the name given to a subsidy or any other aid provided by a government that distorts competitions. Under European Union competition law the term has a legal meaning, being any measure that demonstrates any of the c ...
). The UK government had stated there will be no system put in place, beyond the WTO requirements. The government will publish guidance on how to comply with these requirements. However, the statement also notes that the government will publish a consultation on whether it should go further than its international commitments. This implies that in the future the government will consider stronger obligations – though it is not clear whether this amount to anything like the obligations of state aid.
Constitutional status
The act is a protected enactment which gives it a protected constitutional status, so that it cannot be superseded by devolved legislation even in areas of devolved legislatures' competence.
Rationale
Due to the UK's system of devolution, the elected legislatures of Scotland, Wales and Northern Ireland can choose to adopt new or change existing regulations. Previously, when the UK was an EU member state, the single market limited the scope for divergence between the countries. The devolved legislatures and the UK Parliament were prohibited from acting in a way that was incompatible with EU law or obligations. After Brexit, powers were returned to the UK Government and devolved administrations in EU policy areas, increasing the scope for regulatory divergence.[Office of the Internal Market (2022)]
Overview of the UK Internal Market
''First retrieved 4 November 2022.''
If any of the four governments of the UK choose to dis-align their jurisdiction(s) from previously-aligned policy areas, that could affect the operation of the UK internal market and have effects in other countries of the UK. The Office for the Internal Market argues this could "lead to frictions" for businesses working across UK internal borders, affecting supplier costs, investment decisions and consumer choice.
Effect on devolution
The act seeks to restrict the exercise of devolved competences both legally and practically. It has several effects on the constitutional arrangements regarding devolved legislative powers. Principal amongst these is the effect that the market access principles will have on the practical ability of the devolved administrations to regulate economic activity. It also expressly reserves the regulation of distortive or harmful subsidies to the UK Government, and gives them spending powers in numerous policymaking areas. These powers undermine the authority of the devolved institutions to determine infrastructure priorities within their respective jurisdiction. The Act has less of a restrictive impact on devolution in Northern Ireland than in Scotland and Wales.
The UK government argues that the market access principles do not affect the powers of the devolved legislatures and governments. While the powers remain similar "on paper", in practical and legal terms they are significantly constrained.[ The principles undermine devolved competences in two ways. These relate to its status as a protected enactment, and to the disproportionate market size and power of the economy under English jurisdiction.][ Because the devolved governments will be unable to disapply the market access principles, if they attempt to introduce new or stricter regulatory standards, they will only apply to goods produced within the devolved jurisdiction. This means that these standards will have little or no practical effect other than to disadvantage their own economy, severely restricting their ability to introduce regulatory divergence, or pursue different economic or social choices to those made in Westminster.][
In an ]editorial
An editorial, or leading article (UK) or leader (UK) is an article written by the senior editorial people or publisher of a newspaper, magazine, or any other written document, often unsigned. Australian and major United States newspapers, suc ...
in January 2021 concerning rising support for Scottish independence
Scottish independence ( gd, Neo-eisimeileachd na h-Alba; sco, Scots unthirldom) is the idea of Scotland as a sovereign state, independent from the United Kingdom, and refers to the political movement that is campaigning to bring it about.
S ...
and its potential to break up the union
The Union may refer to:
Politics
* The Union (Germany) or CDU/CSU, the partnership of the German political parties the Christian Democratic Union and the Christian Social Union
* The Union (Italy), a former coalition of political parties in Ital ...
, the ''Financial Times
The ''Financial Times'' (''FT'') is a British daily newspaper printed in broadsheet and published digitally that focuses on business and economic current affairs. Based in London, England, the paper is owned by a Japanese holding company, Nik ...
'' indicated that the Internal Market Act was an inappropriate response:
In a report published in March 2021, the Scottish Government stated that the act is "radically undermining the powers and democratic accountability of the Scottish Parliament."
For example, Wales, England and Scotland have independently removed mutual recognition clauses for spreadable fats arriving from non-EU EEA countries. This means these products must specifically comply with standards set in Welsh law, rather than being automatically recognised. Research by the Senedd found that due the market access principles of the UKIMA, if such a fat was brought into England or Scotland in compliance with those countries' laws, it could also be sold in Wales, even if it did not comply with the new Welsh laws.
Exclusions process
In December 2021, the UK Government and devolved administrations agreed a process for considering exclusions from the market access principles. Since its introduction, the Scottish Government, with the support of the Welsh Government, has sought an exclusion from the Act for its single-use plastics
A disposable (also called disposable product) is a product designed for a single use after which it is recycled or is disposed as solid waste. The term is also sometimes used for products that may last several months (e.g. disposable air filter ...
legislation.
Responses in the UK
Devolved governments
Prior to the passage of the bill, the UK Government's plans for the UK's internal market, post-Brexit, raised constitutional questions for the devolved administrations.
The Scottish and Welsh governments criticised the bill for its re-centralisation of control over commerce, which they see as reversing the devolution of power in the United Kingdom.[ The SNP have stated "The Tory power grab bill represents the biggest threat to devolution in decades, and would enable Westminster to overrule the democratic will of the Scottish Parliament". The UK government disputes the devolved administrations' interpretation saying it is instead a power surge for devolution.
]
Northern Ireland
In Northern Ireland, First Minister
A first minister is any of a variety of leaders of government cabinets. The term literally has the same meaning as "prime minister" but is typically chosen to distinguish the office-holder from a superior prime minister. Currently the title of '' ...
Arlene Foster
Arlene Isobel Foster, Baroness Foster of Aghadrumsee (née Kelly; born 17 July 1970), is a British broadcaster and politician from Northern Ireland who served as First Minister of Northern Ireland from 2016 to 2017 and from 2020 to 2021 and ...
said Northern Ireland businesses need "unfettered access" to the market in Britain along with guarantees they would not be discriminated against. Foster said that "it was 'important' that Northern Ireland has unfettered access to the rest of the U.K." but that the issue was a "matter for the ministers in Whitehall and in Westminster". Christopher Stalford
Christopher David Matthew Stalford (17 January 1983 – 19 February 2022) was a Northern Irish politician who was a Democratic Unionist Party (DUP) Member of the Northern Ireland Assembly (MLA) for South Belfast from the 2016 election until hi ...
, a DUP assembly-member for South Belfast said in Stormont on 14 September 2020 that "there is great rejoicing over one sinner that repents" – a biblical reference to Johnson's proposed change of heart on the Northern Ireland Protocol.
Deputy First Minister Michelle O'Neill
Michelle O'Neill (née Doris; born 10 January 1977) is an Irish politician who served as deputy First Minister of Northern Ireland between 2020 and 2022. She has been serving as Vice President of Sinn Féin since 2018 and is the Member of the ...
has said that "Brandon Lewis and the entire British cabinet do not care about what happens to us in the north. They have demonstrated that time and time again they are prepared to use us here in the north as a pawn in the Brexit negotiations – this is an international agreement which was painstakingly struck after months of negotiations." O'Neill said the Withdrawal Agreement protects the Good Friday Agreement and it was "astounding" the UK government "thinks it's fine" to wreck an international treaty they had signed up to.
The DUP's chief whip at Westminster, Sammy Wilson, told BBC Radio Ulster that he would "reserve judgement" until he saw the bill in full, but that the "Northern Ireland question was back on the agenda".
Scotland
The Scottish Government rejected the UK government's internal market plans since first proposed in July 2020, with the First Minister of Scotland
The first minister of Scotland ( sco, heid meinister o Scotland; gd, prìomh mhinistear na h-Alba ) is the head of the Scottish Government and keeper of the Great Seal of Scotland. The first minister chairs ...
Nicola Sturgeon quoted as saying that the plans are "riding roughshod over the powers of the Scottish parliament". It did not rule out legal action. Sturgeon described the bill as "an abomination which would cripple devolution" and that "the UK government are not only set to break international law – it is clear they are now set to break devolution". She tweeted on 9 September 2020 that it is a "full frontal assault on devolution" and later said it was an "abomination on almost every level".
The SNP's Westminster Leader Ian Blackford
Ian Blackford (born 14 May 1961) is a Scottish politician who served as Leader of the Scottish National Party (SNP) in the House of Commons from 2017 to 2022. He has been the Member of Parliament (MP) for Ross, Skye and Lochaber since 2015.
Or ...
said to Boris Johnson during Prime Minister's Questions
Prime Minister's Questions (PMQs, officially known as Questions to the Prime Minister, while colloquially known as Prime Minister's Question Time) is a constitutional convention in the United Kingdom, currently held as a single session every W ...
on 9 September 2020 that he was "creating a rogue state where the rule of law does not apply" and that "the time for Scotland's place as an independent, international, law-abiding nation is almost here". Former acting Scottish Labour
Scottish Labour ( gd, Pàrtaidh Làbarach na h-Alba, sco, Scots Labour Pairty; officially the Scottish Labour Party) is a social democratic political party in Scotland. It is an autonomous section of the UK Labour Party. From their peak of ...
leader Alex Rowley
Alexander Andrew Penman Rowley (born 30 November 1963) is a Scottish politician who served as Deputy Leader of the Scottish Labour Party from 2015 to 2017 and acting leader of the party from August to November 2017. He has been a Member of the ...
has described it as "a farce that threatens the very foundations of the United Kingdom".
On 7 October 2020, the Scottish Parliament voted 90 to 28 to refuse legislative consent.
Wales
The Welsh Government
The Welsh Government ( cy, Llywodraeth Cymru) is the Welsh devolution, devolved government of Wales. The government consists of ministers and Minister (government), deputy ministers, and also of a Counsel General for Wales, counsel general. Minist ...
has described it as "an attack on democracy and an affront to the people of Wales, Scotland and Northern Ireland" and accused Westminster of "stealing powers".
First Minister of Wales, Mark Drakeford, called the UK internal market plans a "power grab".[ He said it represented a "smash and grab" on the devolved governments and takes back powers that have been devolved to Wales, Northern Ireland and Scotland for 20 years.] Plaid Cymru
Plaid Cymru ( ; ; officially Plaid Cymru – the Party of Wales, often referred to simply as Plaid) is a centre-left to left-wing, Welsh nationalist political party in Wales, committed to Welsh independence from the United Kingdom.
Plaid wa ...
leader, Adam Price
Adam Robert Price (born 23 September 1968) is a Welsh politician serving as the Leader of Plaid Cymru since 2018. , he has sat in the Senedd for Carmarthen East and Dinefwr, having previously been a Member of Parliament (MP) for the Carmart ...
, said that the bill signifies "the destruction of two decades of devolution".
The Welsh Government minister and Counsel General, Jeremy Miles
Jeremy Miles MS is a Welsh Labour and Co-operative Party politician, serving as Minister for Education and Minister for the Welsh Language in the Welsh Government since 2021. Miles has been the Member of the Senedd (MS) for Neath since 2016. H ...
, said on 8 September 2020 that "the U.K. government plans to sacrifice the future of the union by stealing powers from devolved administrations ... the bill is an attack on democracy."
Westminster
Members of the Commons and the Lords, on both sides of the Houses, expressed their concern at those clauses of the bill that would seek to set aside unilaterally the Northern Ireland protocol of the UK's withdrawal agreement
The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Uni ...
. With the Lords ultimately making successful amendments to remove Part 5 of the bill.
The bill drew criticism from all five living former prime ministers: John Major
Sir John Major (born 29 March 1943) is a British former politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party (UK), Leader of the Conservative Party from 1990 to 1997, and as Member of Parliament ...
, Tony Blair
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of th ...
, Gordon Brown
James Gordon Brown (born 20 February 1951) is a British former politician who served as Prime Minister of the United Kingdom and Leader of the Labour Party (UK), Leader of the Labour Party from 2007 to 2010. He previously served as Chance ...
, David Cameron
David William Donald Cameron (born 9 October 1966) is a British former politician who served as Prime Minister of the United Kingdom from 2010 to 2016 and Leader of the Conservative Party from 2005 to 2016. He previously served as Leader o ...
, and Theresa May
Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cab ...
. May said that "the United Kingdom government signed the withdrawal agreement with the Northern Ireland Protocol. This Parliament voted that withdrawal agreement into UK legislation. The government is now changing the operation of that agreement. How can the government reassure future international partners that the UK can be trusted to abide by the legal obligations of the agreements it signs?" John Major said "For generations, Britain's word – solemnly given – has been accepted by friend and foe. Our signature on any treaty or agreement has been sacrosanct. If we lose our reputation for honouring the promises we make, we will have lost something beyond price that may never be regained."
Another former Conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
leader, Michael Howard
Michael Howard, Baron Howard of Lympne (born Michael Hecht; 7 July 1941) is a British politician who served as Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005. He previously held cabinet posi ...
, has said "Does he minister
He or HE may refer to:
Language
* He (pronoun), an English pronoun
* He (kana), the romanization of the Japanese kana へ
* He (letter), the fifth letter of many Semitic alphabets
* He (Cyrillic), a letter of the Cyrillic script called ''He'' ...
not understand the damage done to our reputation for probity and respect for the rule of law by those five words uttered by his ministerial colleague in another place
"Another place" or "the other place" is a euphemism used in many bicameral parliaments using the Westminster system, including Australia, Canada and the United Kingdom.
A member of one house will not usually refer directly to the other, but re ...
on Tuesday – words that I never thought I would hear uttered by a British minister, far less a Conservative minister. How can we reproach Russia or China or Iran when their conduct falls below internationally accepted standards when we are showing such scant regard for our treaty obligations?"
Conservative MP Roger Gale said he would not support the bill: "put simply, I will not vote to break the law". Similarly, former Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
Geoffrey Cox and former Chancellor of the Exchequer
The chancellor of the Exchequer, often abbreviated to chancellor, is a senior minister of the Crown within the Government of the United Kingdom, and head of His Majesty's Treasury. As one of the four Great Offices of State, the Chancellor is ...
Sajid Javid
Sajid Javid (; born 5 December 1969) is a British politician who served as Secretary of State for Health and Social Care from June 2021 to July 2022, having previously served as Home Secretary from 2018 to 2019 and Chancellor of the Exchequer f ...
, who both, until February 2020, served in Johnson's government and are both Conservative MPs, have also said that they cannot support the bill.
Nonetheless, the government did not have any resignations over the bill, including by the Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
or the Attorney General, whose roles have a special focus on the rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
. Neither has the Conservative Party seen any of its MPs leave the party over the bill yet.
Conservative MP William Cash
Sir William Nigel Paul Cash (born 10 May 1940) is a British politician who has served as a Member of Parliament (MP) since 1984. A member of the Conservative Party, he was first elected for Stafford and then for Stone in Staffordshire in 1997 ...
has spoken positively of the bill in the House of Commons, concluding: "The Bill is needed as an insurance policy and as a guarantee of our national sovereignty within the meaning of the Vienna convention, and our national security."
On 15 September 2020, at the second reading of the bill in the House of Commons, Conservative MPs Roger Gale and Andrew Percy voted against the bill while 30 others abstained.
On 20 October 2020, while moving to the second reading of the bill, the House of Lords voted 395 against 169 approving the motion of regret "that Part 5 of the bill contains provisions which, if enacted, would undermine the rule of law and damage the reputation of the United Kingdom", an amendment proposed by Lord Judge
Igor Judge, Baron Judge, (born 19 May 1941) is an English former judge who served as the Lord Chief Justice of England and Wales, the head of the judiciary, from 2008 to 2013. He was previously President of the Queen's Bench Division, at the ...
, former Lord Chief Justice. The vote over this amendment was the biggest defeat (a margin of 226) for the government in the Lords since 1999. Conservative Party Lords voting against the government included the recently resigned Advocate General for Scotland, Lord Keen; former Chief of Staff to Theresa May, Gavin Barwell
Gavin Laurence Barwell, Baron Barwell (born 23 January 1972) is a British politician and former Downing Street Chief of Staff to the Prime Minister, Theresa May. A member of the Conservative Party, he was Member of Parliament for Croydon Centra ...
; former party leader Michael Howard
Michael Howard, Baron Howard of Lympne (born Michael Hecht; 7 July 1941) is a British politician who served as Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005. He previously held cabinet posi ...
; former Chancellors of the Exchequer, Kenneth Clarke
Kenneth Harry Clarke, Baron Clarke of Nottingham, (born 2 July 1940), often known as Ken Clarke, is a British politician who served as Home Secretary from 1992 to 1993 and Chancellor of the Exchequer from 1993 to 1997 as well as serving as de ...
and Norman Lamont
Norman Stewart Hughson Lamont, Baron Lamont of Lerwick, (born 8 May 1942) is a British politician and former Conservative MP for Kingston-upon-Thames. He served as Chancellor of the Exchequer from 1990 until 1993. He was created a life peer in ...
; and former European Commissioner Christopher Tugendhat
Christopher Samuel Tugendhat, Baron Tugendhat (born 23 February 1937) is a British Conservative Party politician, businessman, company director, journalist and author. He was a Member of Parliament from 1970 to 1977, then a member of the Europ ...
.
Former Supreme Court judge and other legal views
On 7 October 2020, former President of the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, Lord Neuberger
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lo ...
, condemned the clause in the Bill that would prevent judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
:
Former Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
Dominic Grieve
Dominic Charles Roberts Grieve (born 24 May 1956) is a British barrister and former politician who served as Shadow Home Secretary from 2008 to 2009 and Attorney General for England and Wales from 2010 to 2014. He served as the Member of Parl ...
QC, who lost his seat after his Conservative whip was removed for rebelling against Johnson in September 2019, said that this "ouster clause ... goes to the heart of parliamentary democracy", preventing the government being challenged over its actions. Former Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
Michael Howard
Michael Howard, Baron Howard of Lympne (born Michael Hecht; 7 July 1941) is a British politician who served as Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005. He previously held cabinet posi ...
told the meeting that he was "opposed to the clauses in the bill which breach international law". Other senior barristers who stated their opposition (at an online conference arranged by the International Bar Association) included SNP MP Joanna Cherry
Joanna Catherine Cherry (born 18 March 1966) is a Scottish politician and lawyer serving as the Member of Parliament (MP) for Edinburgh South West since 2015. A member of the Scottish National Party (SNP), she was the party's Shadow Home Se ...
QC, Labour peer Helena Kennedy
Helena Ann Kennedy, Baroness Kennedy of The Shaws, KC, FRSA, HonFRSE (born 12 May 1950), is a Scottish barrister, broadcaster, and Labour member of the House of Lords. She was Principal of Mansfield College, Oxford, from 2011 to 2018.
Early ...
QC, and Jessica Simor QC.
Church leaders
In a letter to ''The Financial Times
The ''Financial Times'' (''FT'') is a British daily newspaper printed in broadsheet and published digitally that focuses on business and economic current affairs. Based in London, England, the paper is owned by a Japanese holding company, Nikk ...
'' on 19 October 2020, the Primate
Primates are a diverse order of mammals. They are divided into the strepsirrhines, which include the lemurs, galagos, and lorisids, and the haplorhines, which include the tarsiers and the simians (monkeys and apes, the latter including huma ...
s of the Anglican Communion
The Anglican Communion is the third largest Christian communion after the Roman Catholic and Eastern Orthodox churches. Founded in 1867 in London, the communion has more than 85 million members within the Church of England and other ...
churches of the four nations of the United Kingdom said that the bill would "create a disastrous precedent" by "equiping
Ing, ING or ing may refer to:
Art and media
* '' ...ing'', a 2003 Korean film
* i.n.g, a Taiwanese girl group
* The Ing, a race of dark creatures in the 2004 video game '' Metroid Prime 2: Echoes''
* "Ing", the first song on The Roches' 1992 ...
a government minister to break international law. This has enormous moral, as well as political and legal, consequences".
Business
The Confederation of British Industry
The Confederation of British Industry (CBI) is a UK business organisation, which in total claims to speak for 190,000 businesses, this is made up of around 1,500 direct members and 188,500 non-members. The non members are represented through the 1 ...
supported the legislation, highlighting "the Bill should ensure that following the UK's exit from the EU, no new barriers to trade between England, Scotland and Wales should be established, and for the legislation to work effectively in Northern Ireland, the Bill must work in lockstep with the Northern Ireland Protocol."
The Federation of Small Businesses
The Federation of Small Businesses (FSB) is a UK business organisation representing small and medium-sized businesses. It was formed in 1974 as the National Federation of Self Employed (NFSE). The current name for the organisation was adopted in ...
welcomed the principles of Mutual Recognition and non-discrimination noting that "Both principles are critical to the proper functioning of the UK Internal Market for small and micro businesses."
The British Retail Consortium
The British Retail Consortium (or BRC) is a trade association for retail businesses in the United Kingdom.
History
The British Retail Consortium was formed in January 1992 with the merger of the British Retailers' Association and the Retail ...
's head of devolved nations said in response to the BEIS white paper "We must not lose sight of the fact that consumers and our economy as a whole benefits enormously from the UK's largely unfettered internal single market, as economies of scale and regulatory consistency helps reduce business costs which in turn keeps down shop prices and provides greater consumer choice. Increasingly differential approaches towards public policy in different parts of the UK may well offer new flexibilities, however it also risks a more fragmented environment for firms operating across the UK."
British Chambers of Commerce set out their view as follows: "a fragmented system would create additional costs, bureaucracy and supply chain challenges that could disrupt operations for firms across the UK. As these proposals progress, business communities will want practical considerations – not politics – at the heart of the debate and shaping solutions."
The National Farmers Union supported the legislation. Scottish NFU's position was more nuanced as though highlighting that the UK internal market is vital for Scottish farmers they raised concerns that the bill would damage work on common frameworks. The Ulster Farmers' Union welcomed the UK Government's initiative to put in place a legislative framework to safeguard the functioning of the UKIM
Allie Renison, Head of Europe and Trade Policy at the Institute of Directors, said:
International responses
European Commission
After ''The Financial Times
The ''Financial Times'' (''FT'') is a British daily newspaper printed in broadsheet and published digitally that focuses on business and economic current affairs. Based in London, England, the paper is owned by a Japanese holding company, Nik ...
'' had sight of the bill on 6 September and said that Government of the UK appeared intent on breaking international law, Commission President Ursula von der Leyen
Ursula Gertrud von der Leyen (; Albrecht, born 8 October 1958) is a German politician who has been serving as the president of the European Commission since 2019. She served in the Cabinet of Germany, German federal government between 2005 an ...
warned Johnson not to break international law, saying that the UK's implementation of the withdrawal agreement was a "prerequisite for any future partnership". On 1 October 2020, the European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
sent to the UK Government "a letter of formal notice for breaching its obligations under the Withdrawal Agreement" because the latter's refusal to remove the contentious clauses in the bill. The letter marked "the first step of an infringement process".
Ireland
On 9 September, Irish (Prime Minister) Micheal Martin tweeted "Any negotiation process can only proceed on the basis of trust. When one party to a negotiation decides that they can change what’s already agreed and incorporated into law, it really undermines trust. This is a critical time in the #Brexit process and the stakes are very high."
United States
The Speaker of the House of Representatives Nancy Pelosi
Nancy Patricia Pelosi (; ; born March 26, 1940) is an American politician who has served as Speaker of the United States House of Representatives since 2019 and previously from 2007 to 2011. She has represented in the United States House of ...
said "if the U.K. violates that international treaty and Brexit undermines the Good Friday accord, there will be absolutely no chance of a U.S.-U.K. trade agreement passing the Congress".
During the passage of the bill Joe Biden (before being elected President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
) also warned he would not sign a trade deal with the UK if the Prime Minister pressed ahead with the controversial clauses of the bill regarding the Northern Ireland Protocol.
See also
* Devolution in the United Kingdom
In the United Kingdom, devolution is the Parliament of the United Kingdom's statutory granting of a greater level of self-government to the Scottish Parliament, the Senedd (Welsh Parliament), the Northern Ireland Assembly and the London Asse ...
* United Kingdom common framework policies
The United Kingdom Common Frameworks are a group of legislative and non- legislative policies that aim to create UK wide frameworks and ensure the security and integrity of the UK internal market.
Some of these policies will fall under devolv ...
* Law of the United Kingdom
The United Kingdom has four legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English and Welsh law, Scots law, Northern Ireland law, and, since 2007, purely Welsh law (as a result of ...
References
{{UK legislation
Brexit
September 2020 events in the United Kingdom
2020 in British law
United Kingdom Acts of Parliament 2020