United Kingdom Internal Market Bill

Baroness Morris of Bolton Excerpts

2nd reading & 2nd reading (Hansard): House of Lords
Monday 19th October 2020 Lords Chamber

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, it is an immense pleasure to follow the noble Lord, Lord Vaux, who made some very powerful points. I too pay tribute to the maiden speeches of both the noble Baroness, Lady Hayman, who made some very valuable points on the environment, and my noble friend Lord Sarfraz, who spoke powerfully about entrepreneurship. I also pay tribute to the report of the Constitution Committee, which I found very compelling.

This Bill presents two very real concerns for me. The first relates to the relationship with the devolved Administrations. Over the years, we have made progress in handling devolved relationships. Naturally, it was a little bit raw in the early years, but it has improved noticeably. There is a carefully constructed balancing of interests in the devolved world and we have seen that with the common framework: it exemplified that. I had the opportunity—indeed, the privilege—to see that at first hand: discussion, consultation, and often agreement. This Bill throws all that over, and that is regrettable. It is heavy-handed and pulls rank, and that is unwise. Acting like Goliath with the flexing of muscles is not an approach with much to commend it, particularly given the outcome of that particular engagement. We need consultation and real engagement if we are going to keep our union united.

My second real concern relates, of course, to Part 5. I very much regret the resignation of my noble and learned friend Lord Keen of Elie. I understand the reasons for it, but he is a lawyer of considerable ability and integrity, and of course he went on a point of principle. We should not lose sight of that.

The breaking of international law quite openly and, even when challenged, confirming the breach, is not a pretty sight. It represents a move against a treaty and a protocol that were only recently concluded and, indeed, hailed as a triumph. This Bill goes against a fundamental principle of our law, national character, constitution, history and deeply held principles as a country, taken on with mother’s milk: the upholding of the law. There can be no excuse for it. It is no excuse that we may not use it, that it needs a vote in Parliament or that other countries may breach international law. It is, quite frankly, inexcusable, and our Ministers must in their hearts know that.

Openly breaking international law is not the British way. From Magna Carta onwards, this country has stood for the rule of law, and this Bill should alarm us all greatly. It is not in our national interest for it to pass, as we see the tearing up of this deeply held principle sending a shudder through the reeds at Runnymede. I will certainly be supporting the noble and learned Lord, Lord Judge, and seeking to improve this legislation, which is deeply flawed.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

The noble Lord, Lord Berkeley, and the noble Baroness, Lady Bennett of Manor Castle, have both withdrawn, so I now call the noble Lord, Lord Arbuthnot of Edrom.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

Will the noble Lord wind up, please?

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

My Lords, the noble Baroness, Lady Goudie, has withdrawn from the debate, so I now call the noble Lord, Lord Palmer of Childs Hill.

[Lord Palmer of Childs Hill (LD) [V]]

My Lords, it appears that Brexit will not only have queues of trucks on roads leading to the Channel ports but will lead to an expected plethora of disputes in the internal market between parts of the UK. The Bill, by its very existence, acknowledges the divisive self-harm being inflicted on our nations by this clueless Government. We already have a common frameworks programme, so well detailed by my noble friend Lord German, and a commitment to collaboration in a regulatory manner. So I do not see how this Bill in any way helps or adds to the resolution of disputes in the functioning of the single market.

The latest proposed quango is the Office for the Internal Market. Its role will be purely to provide independent advice on dispute resolution. Well, we already have the Competition and Markets Authority, which has become a very large body in its own right. It will now also include the Office for the Internal Market—an added and expensive creation. It appears that in the current crisis in health, business and employment, the only growth industry is an expanding Civil Service. Sir Humphrey Appleby of “Yes Minister” would have been proud of it. An article in The Times today suggests that there is one civil servant for every 152 citizens, not counting employees of arm’s-length bodies. This Bill moves us nearer to the doubtful utopia of a civil servant for each and every citizen.

We can see at this very moment in the Covid pandemic how there are divergent policies between Scotland, Wales, Northern Ireland and England. Can the Minister state clearly whether, in the case of a dispute not being solved after the valued advice of the latest quango, the UK Minister will make the decision? If so, that is a sure way to build up resentment in the devolved Administrations. Surely a more collaborative arrangement is required between the devolved parts of the United Kingdom.

This brings us back to the common frameworks programme, detailed, as I said, by my noble friend Lord German. There is no doubt that the advanced development of common frameworks has been complicated by the Bill before us today. The Bill aims for a draconian, even dictatorial, power to ensure that sales in one part of the UK will be acceptable in all other parts. This may be the desired result for some people under any arrangement, but it may not be the desired result in one of the devolved nations.

I require the Minister to explain how the Bill and the common frameworks are to function at the same time. The Bill is unnecessary and could well be very harmful. We should do all in our power to defeat the Bill in its current form.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

The noble Lord, Lord Woolley of Woodford, has withdrawn from the debate, so I now call the noble Lord, Lord Naseby.