United Kingdom Internal Market Bill

Deidre Brock Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Derek Thomas (St Ives) (Con)]

I have listened to days of this debate and to many constituents, and while I started off feeling quite concerned and nervous, I am more certain today of the need for the Bill than I have been up until now. It would be foolhardy to make no provision if a free trade arrangement is not secured, and I want to speak to parts 1 and 2 of the Bill.

The UK internal market has functioned seamlessly for centuries, and it is the responsibility of all of us to work to ensure this remains the case. The Bill ensures that businesses can continue to trade across our country as they do now. We cannot accept new burdens and barriers in any part of the UK, and I was stunned to hear the SNP talking about the kind of restrictions they wanted to place on their own great nation by not allowing the UK to work for free trade.

I cannot stress enough how much the business community wants leadership, confidence and clarity regarding the environment it will be expected to operate in on 1 January, which is not that far away, so my plea to Government, and the plea from businesses in my constituency, is for them to step up the communications for the millions of businesses across the UK. Market access in goods and services is vital, and businesses deserve to know exactly how this is to be.

I am also reassured regarding the scope of the Bill; I do not share the concerns we have just heard about the power grab. It is clear to me that Brexit achieves the very opposite: rather than Brussels dictating how state aid, for example, should be applied, it is for the UK Government and the devolved authorities to work together to work out how businesses can be supported to grow and flourish, and how communities can be supported do so through good business. I look forward to the Government being able to identify which parts of the UK face inequalities and barriers to success, and to be free to apply support and intervention as part of their levelling up agenda, targeting taxpayers’ money at improving life chances.

I am also reassured that if this Act is needed, and if a breach of international law is needed, Parliament will be required to trigger it. In most constituencies, international law was not a regular topic of conversation prior to the introduction of the internal market Bill. However, that is not the case in west Cornwall and Scilly; it crops up regularly across my patch, and has done for as long as I have been an MP, because it relates to fishing, which it is crucial that we ensure we get right as we go into next year. Breaching international law presents a trip hazard for UK fishing. There is one key element to reassuring our fishing fleets about UK fishing policy, and it played a part in the Brexit referendum result: international law gives the UK control of access to UK waters, and confidence in the rule of law allows us to look UK fishing in the eye.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

The hon. Gentleman makes a point about international law being talked about among his constituents, but can he assure me that the international law of UNCLOS—the United Nations convention on the law of the sea—will be adhered to, despite his Government’s apparent intention to breach international law around this agreement?

[Derek Thomas]

What I am clear about, which is why I said at the beginning I was more nervous until we got to this part of the debate, is that there is very little risk that we will breach any international law or even that this Act will be needed. I am confident that we will continue to work for the free trade agreement, and I am confident we can avoid that, and, if and when it comes to it, I am confident that it will be Parliament that triggers these provisions or not.

Returning to our fishermen, they have followed our lead and they are confident that, as a country that abides by the rule of law, international law will be on their side, so we must press ahead, but with great caution; I agree with the comments made on that. People expect their MPs to work in their best interests and the UK interest first and foremost. In my view, the motivation of every colleague who votes in favour of the Bill is to do just that.

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[Bim Afolami]

In a second. I would like to make a bit of progress.

The European Union would not give its voters a direct say in the making of such common standards as Members would have in this House. Yet SNP Members would prefer the European Union, which has more than 450 million people in 27 member states, to impose common standards, rather than the United Kingdom Parliament, where SNP Members quite rightly speak for their constituents in this House. I find that a bizarre position.

I do not believe the hon. Member for Glasgow North West (Carol Monaghan) is in her place, but earlier she became very exercised—she mentioned it several times—about the idea, the horror, of English teachers being able to teach in Scottish schools. This is not a place to talk about the SNP’s record on education, but it is odd if we cannot have an amity between the four nations and would regard an English teacher as somehow not qualified to teach in Scotland. Do we not want fully qualified English teachers to be able to go to a Scottish school and to say that they want to teach in Scotland? The Bill allows the sort of non-discrimination that that would outlaw.

[Deidre Brock]

The hon. Gentleman is mischaracterising the attempts by my hon. Friend the Member for Glasgow North West (Carol Monaghan) to point out that qualification standards in Scotland are higher than those required in English schools. I can tell him right now that free schools, which are so popular with his Government, are allowed to employ teachers without qualified-teacher status. That is not the case in Scotland. What is his answer to that?

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[Craig Williams]

On day four in Committee, it is tempting to regurgitate all the points that have been made previously, but I can assure Members that I will resist that. It is a pleasure to follow the hon. Member for Strangford (Jim Shannon); I agree with much of what he said about our precious Union. It was also a pleasure to hear from my near neighbour, my hon. Friend the Member for Vale of Clwyd (Dr Davies), and my hon. Friend the Member for Hitchin and Harpenden (Bim Afolami) about the non-tariff barriers. Those two key points—non-tariff barriers to trade and market access for our Union—are why I was so exercised that I put myself forward to speak in this debate.

I want to briefly talk about market access. We have heard some Members getting exercised about the creation of this market access framework, but much of what is in the Bill replicates the EU market as it was. Much of the political debate around the Bill thus far has been a regurgitation of the former Brexit argument—it is just the same old politics in a different guise.

A third of my constituents in Montgomeryshire travel across the English-Welsh border every day, whether that is for education, jobs, skills or goods. It is entirely porous. It is essential for my constituency—I task the entire Welsh nation with this—that we get market access right, with no distortions and no non-tariff barriers internally or externally, for the rest of the world. It is critical that this is done at a UK level.

I want to touch on amendment 9 and the perceived attack on devolution. This is one of the single biggest transfers of powers to the Senedd, the Welsh Parliament —70 powers. I will happily take an intervention from anyone who can name a single power that the Welsh Parliament will not be able to exercise because of this Bill. Indeed, the Counsel General of the Welsh Government went as far as to say that

“this doesn’t specifically prevent the Senedd from exercising its powers”.

All the noises to date in this Chamber and in the press are a lot of politics.

[Deidre Brock]

rose—

[Craig Williams]

I have been waiting for an intervention— I give way.

[Deidre Brock]

Of course, it is not a single power. The effect would be felt across many of the devolved powers. If the hon. Gentleman would care to have a look at page 12 of the explanatory notes, he will see that it is explained quite clearly in the paragraph entitled “Constitutional embedding and devolved competence”:

“the Bill’s provisions create a new limit on the effect of legislation made in exercise of devolved legislative or executive competence.”

[Craig Williams]

No more than the market access operated under the EU market. The devil is always in the detail, and the hon. Lady can name no specific power—these are just broad political statements again and again. My constituents expect better. This Bill is essential for jobs, jobs, jobs. That, more than ever, is what my constituents expect me to support.

[Deidre Brock]

Does the hon. Gentleman accept that there already exist wide regulatory differences between the four nations of the UK? When I sat on the Committees considering both iterations of the Agriculture Bill, we heard from the National Farmers Unions, and they always wanted any changes to regulations or to approaches in the different nations to be agreed, not imposed, as is happening with this Bill.

[Craig Williams]

My constituency has a huge concentration of high mountain and hilltop sheep farming. This Bill affects none of that. It changes no specific powers. The point that the hon. Lady just made means absolutely nothing in detail—nothing to jobs in my constituency, nothing to the constitutional changes and nothing to the devolved Administrations. All this does is continue what we had under the European Union.

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[Anne McLaughlin]

The hon. Gentleman is in effect saying that we have to just trust that the UK Government will not do that. I will tell him what I do trust: EU laws. In this scenario, if we were still subject to EU laws the principle of proportionality would apply and that would protect those public health decisions.

[Deidre Brock]

Further to that point, does my hon. Friend not find it extraordinary that, if the Government are so carefully minded to protect the different regulations of the nations of the UK, there is no mechanism in the Bill for negotiating or agreeing minimum standards?

[Anne McLaughlin]

I do indeed find that extraordinary, but perhaps they will have a change of heart if what the hon. Member for Rother Valley (Alexander Stafford) says—that the “could” and “should” and “would” is not going to happen—is correct. But we know that is not going to happen.

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[Alexander Stafford]

We are talking about songs today, and I appreciate the hon. Member for Glasgow North East (Anne McLaughlin) quoting The Who; lest we forget, the famous Roger Daltrey is an ardent Brexiter and has made it perfectly clear that he supports Brexit, so I will take his words any day.

I welcome the opportunity to speak again on the Bill in Committee—I also spoke last week and on Second Reading—because it is of fundamental importance to us as a country. It is not a political Bill; it is not about being for or against independence or for or against taking powers. It is a Bill about jobs and economic prosperity and ensuring that when we leave the EU fully at the end of this year we can trade as one big bloc. I believe that is why the SNP is against the Bill: because it is a good Bill that binds the country together. There may be some tweaking around the edges, but, fundamentally, this Bill will increase prosperity in the UK, and I think it will convince more people in Scotland that the Union is a good thing and is here to stay.

Moving on, however, this Bill will ensure that businesses can continue to trade across our country, as they do now, avoiding new burdens and barriers. The amendments that SNP Members and others are putting forward will increase those barriers and burdens on business. If there is anything we have learned from this crisis, it is that we need to support business. The only way we can pay for the great schemes the Government have introduced—the furlough scheme, the bounce back loans—is by having businesses thriving.

We want businesses to thrive and this Bill allows businesses to thrive, but I fear the SNP amendments would not. They would put up a barrier between England and Wales and Northern Ireland and Scotland, and that would be detrimental for the people of Scotland as well. I think those amendments are very crass, dare I say it, because they will actually increase hardship for the people of Scotland. We want to make things easier for their everyday lives, not harder for political gain.

We have talked about powers being given, and this Bill clearly guarantees more powers for the devolved bodies, with powers increasing in at least 70 policy areas. This is a good Bill. If people believe in subsidiarity and in devolution, this Bill is good because it gives more powers to the people. It is taking them off the European Union, yes, but giving them back to the devolved nations, and that is a good thing.

Furthermore, Scotland, Wales and Northern Ireland disproportionately benefit from market access, with the Department for Business, Energy and Industrial Strategy risk assessment calculating that internal barriers to trade would impact on Scotland and Wales four or five times worse than on the rest of the UK.

Amendments 34 and 35, from the nationalists, seek to tie the hands of the UK Government. We have seen time and again in this House that SNP Members want to tie our hands and not allow free trade to flow and free conversations between our nations, which is worrying. The nationalists want to amend the provisions of the Bill so that the Government must gain the agreement of the aforementioned Administrations, in an attempt to paint Westminster as overruling the will of the Scottish, Welsh and Northern Irish people. These amendments are actually trying to paint us as the baddies that we are not. We are one family—Scottish, Welsh, Northern Irish, English. We are the same people, and we are cut from the same cloth.

[Deidre Brock]

Will the hon. Gentleman give way?

[Alexander Stafford]

Of course, on family—I will always give way to a member of my family.

[Deidre Brock]

The hon. Gentleman is talking a lot about this family of nations and how we are all going to come to some sort of agreement, but can he answer the question about there being no internal mechanism within the Bill whereby minimum requirements or an agreed harmonisation of standards could take place?

[Alexander Stafford]

I think we discussed this last Tuesday in relation to the Competition and Markets Authority and markets, which are how we come together, but I want to touch on the point about that minimum of low standards. Why do we have to legislate for everything? Why do we have to legislate for every could, should and would? SNP Members keep trying to portray the worst-case examples, saying, “Oh, you know, the asteroid might hit us. Why does this Bill not talk about the asteroid and how we could deal with it?” We cannot think about all these coulds and shoulds; we have to deal with what is in front of us. We have to work together, and this Bill allows us to work together to overcome any issues, and to come together.

[Deidre Brock]

Will the hon. Gentleman accept that this is based on bitter experience of this place? I would point him to our experience of the Scotland Act 2016. Over 100 amendments and new clauses to that Bill were tabled, and not a single one of them was accepted. Where was Scotland’s voice then?

[Alexander Stafford]

Once again, this comes back to the difference between our parties. I believe in one country—one United Kingdom. The SNP and the Scotland did have a say. The people of Scotland had a say when they elected the Government in 2019. They have their voice in this Parliament: under the Acts of Union, they have this voice and they can talk contribute through this voice. To balkanise our country into these small states is just wrong.

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[Lee Rowley]

I will not. I apologise, but I wish to make some progress.

The idea that the negotiations will not be difficult or choppy is unrealistic. Our values of openness, internationalism, free trade, partnership, fairness and freedom never change, but we have to prepare our domestic legislation and ensure that it works. Certain key questions remain, however. What else can be done? How else can this be remedied? How can the United Kingdom protect its own interests, its fundamental, historic economic integrity and its right of self-determination? I have yet to hear one realistic alternative to the legislation in front of us today that would create a functioning, coherent and integrated internal market, based on a historic precedent, that would work and that would, as a result, allow us to be clear with our friends over the channel that, as a consequence, the economic integrity of the United Kingdom must be respected.

[Deidre Brock]

I rise to speak to amendment 89 and a number of other amendments that appear in my name and those of my hon. Friends. I also support Plaid Cymru’s excellent amendment 9.

Scottish architects have raised concerns about the Bill imposing the much lower English building standards on Scotland. The Royal Incorporation of Architects in Scotland pointed out this week that Scotland’s standards have helped prevent tragedies like that at Grenfell. Peter Drummond of the RIAS said that

“it is simply inexplicable that the bill seeks to align the more robust Scottish regulations with the English system. Those powers are now to be removed. The lowest common denominator within the UK will apply. And that is, on any fair reading, a spectacularly poor step backwards.”

One would think that England would want to move towards the Scottish standards, but the Bill makes it clear that England’s Government seek to bring Scotland’s standards down rather than improve English standards. That poverty of ambition will haunt England for decades, but it should not be allowed to shackle the rest of us.

In areas of devolved responsibility, the Government in Whitehall are the English Government rather than the UK Government. The Bill, under the myth of removing barriers to trade, ignores that division and seeks to force Scotland—and, of course, Wales and Northern Ireland—into a lockstep Union of diminishing standards and lessening protections, with a Government determined to rip away what they would term red tape and the rest of us term sensible precautions.

The White Paper singled out various building standards as a supposed barrier to the smooth functioning of the market, in spite of decades of experience showing that to be utter nonsense. What about other standards? Will the minimum tolerable standard for living accommodation be lost? Will teaching qualification standards be removed?

In answer to the hon. Member for Hitchin and Harpenden (Bim Afolami), who is no longer in his place, I have had a number of WhatsApp messages since the earlier exchange and I am told that in England a teacher can be unqualified or can switch subjects. For example, a PE teacher can start to teach physics if there is a shortage. That is not the case in Scotland. Scottish teachers must have a degree in teaching or in the subject they are teaching, plus a postgraduate qualification. Again, that is not the case in England, as I understand it. Will free schools and academy schools be foisted on an unwilling Scottish populous? Will the power grab destroy Scotland’s consumer protections?

The exemptions in schedule 1 include water and sewerage, to be sure, but clause 10 allows the Secretary of State to amend those exemptions by secondary legislation. Is this the back door to privatising Scottish Water?

The Bill is a parade of threats to Scotland, not least among which is the threat to our food and drink industry. The Government will remove food protections. Animal welfare standards, environmental standards and protections against genetically modified crops are all in the firing line. Ministers will tell us that this is not so, but let me tell them that no one believes them. England’s Government will not protect English consumers, but they should not get in the way of Scottish Governments protecting Scottish consumers.

I have solutions. The first is the obvious one and by far the best: Scotland as an independent nation state making her own decisions, which will happen soon. The second is less direct but would have some effect: instead of reducing everything to the lowest common beast, as is proposed in the Bill, raise it instead to the highest standard. Our amendment 89 would do that. Where goods are traded across the borders of these nations, let them be traded at the highest standards. Scotland has banned flammable cladding on high-rise buildings and that should be respected. A ban on hormone-treated beef should be respected, and so on. Respect the higher standard and protect the consumer, the brand reputations, the businesses and the investment—protect jobs. The higher standard should be the goal, not the lower. I urge Members to adopt that principle and Ministers to consider it.

There are other problems with the Bill. Regulations will be made in Whitehall. Unlike the EU process, this will not be co-decision-making. EU competences are constrained by the need to achieve consensus among member states. This regime will be dictatorial: rule from the bunker, not the negotiating table. The mutual recognition clause is actually the Whitehall superiority clause.

Scots academics have given this Bill short shrift. Professor Michael Dougan has been quoted at length in this debate. Professor Michael Keating, professor of politics at Aberdeen University, points out that under the 1999 devolution settlement there was no hierarchy of laws; some were reserved to Westminster and the rest were devolved. Under this Bill, UK Ministers would have

“powers to regulate a…wide range of otherwise devolved matters in the name of the internal market”.

Professor Nicola McEwen of Edinburgh University makes it clear that rules made by the devolved Administrations will not apply to goods or service providers that satisfy less strict regulations in England. She says that

“unfettered market access is given priority. EU principles of proportionality and subsidiarity are…excluded.”

Also on the chopping block would be the right to differentiate production methods in procurement, so there goes organic farming—even if it survives the drop in exports after the Government’s failure to agree an equivalence with the EU. This is an absolute mess, and that is why amendment 89 is so important.

Do not drag us down; use the good example set by a neighbour to raise up your own standards. Let us have goods crossing the national borders of these islands meeting the highest standards, rather than the lowest. There has been much ado about the fact that the Bill will potentially breach international law. It is a matter of at least equal concern that it would change our constitutional arrangements without asking the people for approval in a referendum. Furthermore, the Bill would give Ministers the right further to amend the constitutional settlement without the bother of primary legislation. Some folk would call that a coup d’état. It represents the dismantling of the devolved settlements, the disempowerment of this Parliament and the centralisation of power in the hands of a very few Ministers. Surely that is the mark of a failed state.

In short, this Bill is a mess that would have been better off consigned to a skip, but if we are all going to have to suffer it—we in Scotland, hopefully, for the shortest time possible—at least let us pitch for the higher standard, rather than the lower.

[Dr Whitford]

I also rise to speak to amendment 89 and the other amendments listed in my name and the names of my colleagues.

Part 1 of the Bill introduces two key trade mechanisms within the UK for the first time: mutual recognition and non-discrimination. The hon. Member for North East Derbyshire (Lee Rowley) tries to make these sound benign, but that just shows his lack of ability to see what they look like from any of the devolved nations. Non-discrimination, which is covered in clauses 5 and 6, would affect labelling regarding the source of produce. It would therefore remove the ability for consumers to reduce their food miles or to support local producers if they choose to, and could be used to undermine or challenge protected geographical indicators or the Scottish brand—as in Scotch whisky and Scotch beef. Despite their long tradition and international recognition as Scottish products, we already see the promotion of British whisky and British haggis, of all things.

Clauses 2 and 3 cover mutual recognition, which creates a powerful deregulatory pressure, because if any UK nation has lower standards or regulations, the other three must just shut up and accept such goods. As England is the largest nation and economically the most powerful, it is assumed that its standards will dominate, particularly as the Secretary of State has the power to change the Bill on a whim if he wishes. Although clause 3(9) says that the Secretary of State “must consult” the devolved nations, I am afraid that the last four years have shown just how worthless and meaningless such a phrase is.

Clause 3(4) lists the aspects of a product that could come under mutual recognition, including its characteristics, performance standards, packaging and labelling, and certification.

There is even a catch-all line for

“anything not falling within paragraphs (a) to (f)”.

Basically, every single aspect of commercial goods could be challenged under this legislation.

The Government claim, as indeed do many on the Conservative Benches, that the Bill is needed to maintain trade throughout the UK, yet previously trade continued without any problems, despite the variations in the four nations’ regulations. All three devolved Governments have been working to agree common frameworks to ensure that there are no obstacles to trade but also that the devolved powers and different priorities of the four nations are respected.

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[Dr Whitford]

Absolutely. An amendment was tabled by one of their own Members—the Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish)—to protect food standards in farming.

[Deidre Brock]

Does my hon. Friend share my amazement that not a single Scottish Tory has attended today’s debate, despite the impact that the proposals will have on the devolved nations and on Scotland?

[Dr Whitford]

The Conservatives tend to count on the farming community in Scotland. I echo what others have said: the National Farmers Union of Scotland is none too happy with what has been happening, particularly the failure to protect standards.

That brings us to the dreaded chlorine-washed chicken. Of course, it is not the chlorine that is the issue—if someone is not a great swimmer, they will have swallowed more in a swimming pool; the concern is about why the chicken is washed in chlorine in the first place. Because of the overcrowding of poultry and poor animal welfare standards, the US has between seven and 10 times the salmonella food poisoning rate of the UK, even after washing its poultry. It is clear that most consumers are none too keen on chlorine-washed chicken or hormone-fed beef, but the labelling restrictions under the Bill may well mean that they are not allowed to know. A lot of people may consider becoming vegetarian when such products appear, but that will not help them, because the US also allows higher pesticide residues.

After clause 46, which takes back control of spending in devolved areas, the mutual recognition clauses will have the biggest impact in respect of removing powers from the devolved Governments. Mutual recognition will mean that any devolved legislation to maintain or drive up standards will end up applying only to local producers and not to goods from elsewhere in the UK. That would, of course, put local producers at a disadvantage, without achieving the benefit that the devolved Government were seeking. The EU single market is based on mutual recognition, but the EU generally sets higher standards rather than lower ones and, as was mentioned previously, new standards are agreed by all 27—previously 28—nations. Unlike the UK, the EU accepts derogation for social benefits such as public health, consumer protection, waste reduction or tackling climate change. The Bill has no such derogations at all.

It has often been the devolved nations that have driven forward ideas and legislation in the UK. That should be welcomed, not obstructed. On health, Scotland was the first UK nation to introduce the smoking ban in 2006, and it led the way on the minimum-unit pricing of alcohol in 2018, which Wales is now seeking to follow, but this was specifically attacked as a regulatory restriction in the White Paper and could fall foul of either mutual recognition or non-discrimination—the Government do not seem to be very clear on that. While legislation that is already in place is exempt, any change to that legislation could bring it within the scope of the Bill, so that might act as a disincentive to increasing the unit price on alcohol in the future. Indeed, the whole Bill is a disincentive to creative legislation within the devolved Governments to improve life for their citizens.

On the environment, Wales was the first to charge for carrier bags in all shops in 2011, followed a couple of years later by Northern Ireland and Scotland. England finally followed in 2015, but only for large retailers. Last year, Scotland was the first UK nation to ban plastic stemmed cotton buds, which make up 5% to 10% of marine waste. Yet Scotland’s plans for a deposit return scheme to increase recycling and reduce litter is attacked in the White Paper. If the devolved nations have to always wait for the slowest, innovation and action will be stifled.

Part 3 of the Bill establishes similar new rules over professional qualifications and, ironically, seems to be modelling itself on freedom of movement. Under clause 22(2), anyone recognised as professionally qualified in one part of the UK must be accepted in all other nations of the UK. Of course, medical qualifications such as mine are part of a UK-wide registration, but there are professions with specific requirements to be registered in Scotland and Wales.

I note that, miraculously, there were still enough lawyers left in the Government to make sure that the new rule did not apply to the legal profession, as Scots law is of course completely separate, but what about other professions? England has introduced nursing apprentices and nursing associates, while Scotland still maintains nursing as an academic profession. Scotland and Wales both require a teaching qualification, but in England anyone with a degree can become a teacher without any formal teacher training. Education in Scotland was not devolved 20 years ago, but like Scots law and the Church of Scotland, it has been a separate entity since prior to the Act of Union and was protected in that Act.

This Bill is a piece of wanton vandalism. The Tories never supported devolution, and this Bill is driven by anti-devolution politics and control freakery, rather than anything to do with economics or business. There is an alternative to this high-handed and heavy-handed legislation. The UK Government should get back to the table and continue working on agreeing common frameworks, instead of winding back two decades of devolution.

I can tell the House that, regardless of their views on independence, the vast majority of people in Scotland support devolution. They appreciate the value of maintaining a unified public NHS and of Scotland’s wellbeing policies, from the baby box to free personal care. Last Friday was the sixth anniversary of our independence referendum, when the people of Scotland held control of their future in their own hands for 15 hours, but sadly gave it back. Among the broken promises of “Better Together”, which achieved that outcome, were “Vote No to stay in the EU” and promises of more devolution, not less, and of Scotland being an “equal partner” in a “family of nations”. This Bill leaves any shred of such a claim twisting in the wind. If the Prime Minister and his Government think this Bill will strengthen their precious Union, I have news for them: it will do precisely the opposite.

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[Paul Scully]

As I say, we are trying to keep this narrow so that one part of the UK does not face discrimination in another. We want to make sure that we get the balance right between having the benefits of the UK internal market and having legitimate aims on an environmental basis, on public health or on any number of other areas.

Amendment 36 seeks to alter the process by which the list of legitimate policy aims may be changed in the future. These aims allow for an exemption from the requirement prohibiting indirect discrimination, and that could therefore be cited as necessary for implementing a measure that is indirectly discriminatory. The aims are tightly drawn, but the Government recognise that it is important to retain flexibility for the future—for example, to reflect the experience of the effect of the market access principles in practice and based on business feedback. That is why the power is necessary and we cannot accept the amendment.

Amendment 80 seeks to exclude fisheries in Scotland from the market access principles. It is essential that the Scottish industry is able to maximise the return on its fish by being able to access a diverse range of markets and a wide range of consumers. Scottish fish is sold across the UK. However, this amendment would create new barriers to trade, going against the fundamental purpose of the Bill. The hon. Member for Central Ayrshire (Dr Whitford) talked about procurement. With regard to amendment 87, the Government intend to deliver measures on procurement through a wider package of procurement reform that is being implemented shortly after the Bill. A procurement rules reform Green Paper has been drafted and there will be a formal consultation. The aim is for separate primary legislation to follow.

I turn to new clause 5 and amendment 40. The protection of our environment and maintenance of high food standards are of great importance, and the UK Government are committed to maintaining standards across the UK in all these areas. The intention of the amendments appears to be to prevent Ministers from developing standards that differ from those in the EU, even where UK standards better serve the needs of the UK. On that basis, I urge Members not to move the new clause and the amendment.

I thank the hon. Members for Foyle (Colum Eastwood) and for Belfast South (Claire Hanna) for tabling amendments 81 to 85, as they raise the important issue of the recognition of professional qualifications in the common travel area. However, I must oppose the amendments as set out. This Bill is not the vehicle for honouring our commitments in relation to the common travel area. I can reassure the hon. Members that the UK Government acknowledge that the recognition of professional qualifications is an essential facilitator of the right to work associated with the common travel area. My officials are progressing work in relation to the common travel area so that the UK can continue to meet its commitments.

Amendment 27 seeks to give devolved Ministers the ability to decide which qualifications can be accepted as part of the internal market. By giving devolved Ministers the power to decide which qualifications should benefit from these provisions, we could reduce the number of professionals who can move within the internal market. The alternative recognition process outlined in clause 24 grants the flexibility, and will enable authorities to assess on a case-by-case basis whether a person’s existing qualifications and experience are sufficient evidence of the skills required for the profession in question.

I turn to new clause 10 and thank the hon. Member for Brighton, Pavilion (Caroline Lucas), who is no longer in her seat, for her contribution. As I have tried to highlight, the protection of the environment is hugely important and something to which this Government are very committed. However, passing this amendment would not be the best way to protect the environment. We have made sure that there are exemptions from indirect discrimination where the health of animals and plants and humans is concerned. Further to this, the powers in the Environment Bill will mean that future Governments must be open and transparent about the impact of future primary legislation on environmental protections.

Amendment 88 seeks to prevent the Bill from being placed into schedule 4 to the Scotland Act 1998, thus preventing it from being protected from modification or repealed by the Scottish Parliament. If the Bill were to be modifiable by one or more devolved legislatures, it would not be able to provide consumers and businesses with the vital certainty that they currently enjoy. Businesses trading in Scotland would need to consider how the Scottish Parliament may seek to amend or repeal elements of this legislation. That would create disruptive uncertainty, which must be avoided, particularly as we seek to support the UK’s economic recovery from the covid-19 pandemic.

I turn to amendments 9 and 39, and new clause 9. We will continue to work closely with the devolved Administrations to understand and respond to their concerns. In accordance with the Sewel convention, the UK Government have requested legislative consent motions for this Bill from all the devolved legislatures. New clause 9 in particular would place intergovernmental structures in statute, limiting the capacity for discussion among all Governments and the capacity to adapt to this change.

New clause 11 seeks to provide Parliament with information on the working of the Act in a context of developing common frameworks. It is essential that the Office for the Internal Market is available and able to perform its functions at arm’s length from political interference from the UK Government and devolved Administrations.

[Deidre Brock]

Will the Minister give way?

[Paul Scully]

I must bring my response to a close. The amendment risks undermining the independence of the CMA and its global reputation for producing credible, impartial and expert analysis.