United Kingdom Internal Market Bill

Joy Morrissey Excerpts

Tuesday 15th September 2020 Commons Chamber

[Joy Morrissey (Beaconsfield) (Con)]

I want to look at the clauses. On clause 28, it is proposed that “Scotland” be left out. On clause 29, amendment 29 would insert that following a legislative appeal from all the devolved powers, we would have a consultation before any changes. On clause 35, it is proposed that prior to publishing any information, the CMA must consult all Scottish, Welsh and Northern Ireland Ministers and the devolved Administrations. All these amendments seem to have one thing in common: they are asking for all consultation on how we move our internal market forward to be done with the devolved powers in the United Kingdom. Many in the House have raised the issue of who will be holding the CMA to account. We here represent the entire United Kingdom. We are elected to represent all parts of the United Kingdom.

[Alan Brown]

Is the hon. Lady therefore confirming that Westminster should take sovereignty over the devolved Administrations and the will of the Scottish and Welsh Parliaments?

[Joy Morrissey]

Absolutely not—that is not what I am saying.

[Alan Brown]

That is what I heard.

[Joy Morrissey]

Let me clarify for you. An internal market is something that is brought together historically. When we look at successful internal markets of the past, where have they been successful? We can look at the single market within the EU and at the 13 original colonies in the United States. They were 13 separate entities that had no regulatory system and were bound together by an internal market that allowed for free trade and the movement of goods and services. This Bill is not a political Bill—it is an economic Bill to enhance our competitiveness with the world. It is not to detract from the powers of Scotland—it is to make Scotland stronger through the power of free trade within the internal market.

I have been listening very carefully to what hon. Members across the House have been saying and the points that you have been raising, and I am very sympathetic to your cries about a lack of democratic representation. That is why I voted to leave the EU: for the very reason of the lack of democratic representation by the European Commission, which oversees the single market.

[Joanna Cherry]

Is the hon. Lady aware of the Sewel convention? If so, what is her objection to amendment 29, in the names of my hon. Friends?

[Joy Morrissey]

Amendment 29 states:

“Following legislative approval from all devolved administrations”.

Are you asking for all the devolved Administrations to be represented at the federal level?

[Joanna Cherry]

The Sewel convention, which was put on a statutory footing—before the hon. Lady was a Member of the House, but many of us who were at that time will remember it—states that this Parliament will not normally legislate in respect of devolved matters without the consent of the devolved Administrations. That convention exists. It is on a statutory footing, so what is her objection to amendment 29?

[Joy Morrissey]

I would argue that this is not an infringement of your rights or those devolved powers. This Bill is about enhancing all of our abilities to work in a single internal market to allow goods and services to flow freely. My hon. Friend the Member for Loughborough (Jane Hunt) mentioned glasses being made in one part of the Union and then being put together in another part. We have this so that we can frictionlessly move goods and services through the United Kingdom without tariffs and restrictions. There has to be a system through which that federal system is united, in terms of the economic objectives that we are setting, making ourselves globally competitive.

[Stephen Doughty]

rose—

[Joy Morrissey]

I will not give way—I will make some headway and then give way in a moment. When we talk about the internal market, we are talking not about a political objective, but about an economic objective—to remove regulatory obstacles from more goods and services in the UK so that we are able to trade freely among ourselves and make ourselves globally competitive. We are removing the technical, legal and bureaucratic barriers to allow its citizens to trade and do business freely, for its citizens to enjoy products from all over the UK.

When SNP Members raise concerns about state aid, I would imagine that they are referring to the EU structural funds or the EU development funds, the criteria for which have, in the past, benefited certain deprived areas in regions in Scotland and other parts of the United Kingdom. I can understand how there would be concern, and perhaps something could be established to look at how that fund and the targets were set to help in disadvantaged and impoverished areas where the EU structural funds have helped to improve the livelihoods of people in the United Kingdom, and to look at how we move that forward. This is not a Bill to take any political power: it is to make us stronger economically. It is purely on the grounds of economics—

[Gareth Johnson (Dartford) (Con)]

Is my hon. Friend aware of the decisions being made in Shetland that if the nationalists get their way and there is separation of the United Kingdom following a second referendum, Shetland will seek to go independent itself? Therefore, not only are the nationalists seeking to break up the United Kingdom, they are seeking to break up Scotland.

[Joy Morrissey]

My hon. Friend makes an excellent point.

[Stephen Doughty]

I do not want to break up the United Kingdom. As I have said, I am a Unionist and I want to see a functioning UK internal market. Does the hon. Member think it is respectful for her Government to give details of the Bill only the night before it was published to Welsh Government Ministers, who also want to see a functioning internal market and want to make sure our country functions effectively and economically in the way she suggests?

[Joy Morrissey]

I thank you for your point, but I wonder if you would find it respectful for the EU to threaten to put a tariff in the sea—[Interruption.] No, that is a completely valid point to raise. I find that to be disrespectful of our sovereignty and our ability to govern internally.

[Several hon. Members rose—]

[Joy Morrissey]

I will carry on. On that point, the EU’s threat to disrupt our food exports from mainland Britain to Northern Ireland as negotiating leverage fundamentally undermined our credibility and our sovereignty within the United Kingdom itself. The Bill will strengthen our ability to create—

[Kirsten Oswald]

On the point about credibility, does the hon. Lady think it is just possible that the reason that credibility has been lost is because of her Prime Minister disagreeing with himself rather than for any other reason?

[Joy Morrissey]

You say it was mentioned by the SNP earlier about wanting to throw off the bureaucratic chains and wanting to have democratic representation, but that is exactly why I voted to leave the European Union, and that is why I will fight to make sure that we have a regulatory system that has less red tape and that has representation. We talk about democratic representation, but we are representing the will of the people who voted for Brexit in one referendum and we are delivering the result. Scotland also—[Interruption.]

[The Temporary Chair (Sir Graham Brady)]

Order. Can I just remind Members on both sides of the House that these are very specific amendments that are being debated. We cannot go back to a Second Reading debate.

--- Later in debate ---

[Joy Morrissey]

Thank you, Sir Graham.

I will conclude by saying—

[Owen Thompson (Midlothian) (SNP)]

Will the hon. Lady give way?

[Joy Morrissey]

I probably should make headway. I am trying to understand and sympathise with the amendments that have been tabled, but I do not feel that they are in any way needed to enhance what is in the Bill. I urge hon. Members to vote to keep the Bill the way it is.

[Several hon. Members rose—]

--- Later in debate ---

[Alyn Smith (Stirling) (SNP)]

It is a pleasure to serve under your chairmanship, Sir Graham. This Bill is difficult for the Scottish National party. It is offensive to our values, it is not our world view, and it is being introduced in pursuit of a project that Scotland comprehensively rejected. We are engaging in good faith, but we do not consent to this project. Scotland does not consent to the way the Bill is drafted.

However, I was not sent by the people of Stirling to showboat and walk away, or to grandstand and not try to find solutions. As is typical of all our amendments, we have tabled amendments 28 and 29 in good faith, and to insert into this dreadful Bill the principle of consent from the Scottish Parliament and other devolved Administrations. If we cannot do that, we seek to exempt Scotland from this madness. We are engaging in this process in good faith. We are working within the constitutional reality of the United Kingdom, and by rejecting the amendments, this House will prove, in full view of the people of Scotland, that the constitutional reality of the United Kingdom does not work for us.

I was sent here to try to find solutions, and amendments 28 and 29 do that. We believe that decisions for Scotland should be made in Scotland. It is a fundamental principle of devolution that, unless reserved to this place, decisions should be made by the democratically elected Parliament of Scotland. That principle was endorsed by the people of Scotland with 74% of the vote in 1997, and those Government Members who are keen on referendums should be aware that they are up-ending a deeply held principle of the people of Scotland.

As I have said, this Bill is a poor piece of legislation, and it did not need to be this way—that is what I find so frustrating. It is offensive morally, politically, even intellectually, but it did not need to be that way. We are open to negotiation and to frameworks. We respect the fact that we have left the European Union—we regret it deeply, but it has happened. As a solicitor by trade, I accept that a domestic legal construct is needed to replace the single market legislation of the European Union, but it does not need to be this abomination. We could do this better. Our amendments seek to make this bad Bill better. We will still not be keen or in favour of it, but it does not need to be the naked power-grab that it is.

Part 4 of the Bill seeks to replace 60 years of juris- prudence from the European Court of Justice and the European Commission, democratically overseen by democratically elected Members of the European Parliament, and member state Governments who are themselves democratically elected—60 years of expertise on how the single market and internal competition works.

[Joy Morrissey]

Will the hon. Gentleman give way?

[Alyn Smith]

Oh please.

[Joy Morrissey]

I’m back. To clarify that point, it is actually the European Commission that oversees the single market, and it is that unelected body that oversees and creates the market framework—[Interruption.]

[Alyn Smith]

I thank the hon. Lady for that point. In my 15 years at the European Parliament I was always struck by how many unelected bureaucrats had been democratically elected by the people they served. It is great to engage with something that does not quite exist, such as the European Commission that the hon. Lady wishes did exist.

For those who are against unelected bureaucrats, I suggest only that they consider the reality of the Bill. The Bill replaces 60 years of jurisprudence, overseen by experts in the European Commission and the Court of Justice—be they democratically elected MEPs or democratically elected member state Governments—with a group of people who will be unelected. They will be appointed, but they have not been appointed yet. We do not know who they are. They will be operating a competition policy that has not as yet been revealed by this Government, who are so desperately negotiating with themselves that they cannot tell our European partners what they are trying to do. Those people will be operating with a budget that has not yet been shown to us, and with jurisprudence that does not yet exist. It takes a heroically Panglossian approach to think that that can be created in a matter of months.