UK Internal Market Bill – Briefing Paper
This is a joint briefing from the Wales Civil Society Forum on Brexit and the Brexit Civil Society Alliance, intended for MPs and peers as the UK Internal Market Bill is being debated in Parliament.
The Wales Civil Society Forum on Brexit is a partnership between the Wales Governance Centre and Wales Council for Voluntary Action to provide information on the law and policy of Brexit to civil society organisations in Wales.
The Brexit Civil Society Alliance is a UK wide alliance of charities, voluntary and civil society organisations. The Alliance does not take a position on the 2016 EU referendum but seeks to raise concerns on behalf of its members and work to ensure that the Brexit process delivers on three principles: open and accountable lawmaking; a high standards UK; and no governance gap after Brexit.
Executive Summary
This legislation is incredibly broad in its scope and is a massive overreaction to a problem the scale of which is unlikely to emerge in the immediate aftermath of the transition period given that introducing significant barriers to UK internal trade would harm the devolved regions the most. Rushing legislation of this nature through the UK Parliament, in all probability against the wishes of the devolved nations, is unjustified at best.
Not only is it a remarkably flippant disregard for the rule of law, but it cuts across devolution in very significant ways, with potential ramifications in areas previously covered by EU funding, housing, devolved environmental, food, consumer and public health standards and even the UK’s international human rights treaty commitments.
The Bill breaches the UK’s International Commitments.
It directly reverses the devolution of state aid contrary to the UK Government commitments to respect the devolution settlements throughout the Brexit process
It gives the UK Government spending powers in areas of devolved competence which appear to be replacements for EU Funding
The Mutual Recognition and Non-Discrimination Principles are excessively broad with very few grounds for derogation which will put devolved standards and the ability for policy innovation under considerable strain
It fails to ensure that devolved interests are reflected and protected in its architecture as it provides little to no role for the devolved institutions in many key areas. Ordinarily, Internal Market governance by mutual recognition requires institutions and processes involving all regions as equals to foster constructive discussion and trust. Yet this bill does nothing to address this underlying governance requirement which may ultimately further damage the already strained relationship between the devolved administration and the UK government.
Full briefing is available in PDF below.