United Kingdom Internal Market Bill

Lord Bourne of Aberystwyth 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.

United Kingdom Internal Market Bill

Lord Bourne of Aberystwyth Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 18th November 2020 Lords Chamber

[Lord Mackay of Clashfern (Con) [V]]

My Lords, I very much support these amendments. It has been my privilege to often lead the noble and learned Lord, Lord Hope of Craighead, and today I am very glad to follow him.

I want to say a bit about the nature of the common frameworks. They were brought into being in 2017, as the noble and learned Lord, Lord Hope, said, and he and I played some little part in encouraging that to happen. It seemed to us that it would be entirely right to take account of the different views of the devolved nations and bring them together. To a great extent that is what has happened since this system was set up.

The UK internal market is not a fixed law like the laws of the Medes and the Persians. The detail in the part that deals with the Competition and Markets Authority shows that it is intended that the internal market should develop in accordance with circumstances as they develop. It is not a rigid matter. Some mechanism therefore has to be found before allowing change. As I have understood my noble friend Lord True, he has said that the common frameworks are complementary to the Bill—or the other way round, whichever way you like to take it. That was set out quite clearly in the White Paper that preceded the Bill.

The fundamental point is that the UK internal market law will apply in the whole of the UK, but that does not preclude that law allowing for circumstances that may vary from one devolved nation to another. At the moment I live in the very north of Scotland, and I can see that there is a good justification for having somewhat different rules about building regulations relating to temperatures and so on from those in London. That kind of thing is much easier to deal with if it is dealt with by people who know about it in detail, and that is what has happened in the common frameworks over quite a long time. It has been found that a large number of those frameworks do not require any innovation at all in the circumstances, although there are some, which are still under consideration, that require modification as a result of changes in the various conditions that apply across the United Kingdom.

I take it from what my noble friend Lord True, whom I greatly respect, has said on behalf of the Government from the Dispatch Box that those two ways of legislating are complementary. I am anxious that the way they complement each other should be set forth in the Bill because that is an important part of how the UK market Bill will develop. As I said, there is no question but that it is expected to develop and change.

The situation is that the common frameworks are dealt with by a committee set up by principles. So far as I know, and I have sought information on this point, it has worked very well, so why not allow it to continue? All that is required to happen is that the particular result of agreement in the common frameworks will lead to a modification of the United Kingdom Internal Market Bill agreed in the whole of the UK. That seems a very good way of dealing with some kinds of change. The Bill provides for the Competition and Markets Authority to have a function of the same general kind, leading to advice and legislation in Parliament. That is an extremely good and wise way of conducting the business of an internal market, and it makes it clear that the same law applies over the whole of the UK—nothing else but that the law recognises agreed variations suitable to the circumstances of particular nations. I cannot for the life of me see why that is not legislated for in the Bill.

As I have said already, it is said that the two are complementary. There is no provision in the Bill at the moment to say how that complementary relationship is to work. We have sought to do that after a fairly thorough consideration of how it can be done, and that is what this series of amendments is trying to do. If the Government can think of a better way of arranging it then we would be glad to hear it, but we cannot leave it without any consideration at all. If the Bill goes forward without any reference to the common frameworks, it is hard to see how those frameworks affect the issue as they ought to.

I am very much in favour of the amendment, and of the union. All my life I have been concerned with Scotland and I am very anxious that it should remain in the warmth and success of the United Kingdom, which it has done already for a long time. I have personally found that a very great comfort, as your Lordships will understand. So I hope the Government can accept this amendment or, if not, will come forward with a better way of recognising the complementarity of the common frameworks with the Bill and put it in an express form that would be better than this, if they can find one.

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

My Lords, I apologise to the House that I was unable to participate in Committee, but I spoke at Second Reading.

I shall speak particularly to Amendment 1. I was pleased to add my name to the signatories to this amendment. The noble and learned Lord, Lord Hope of Craighead, and my noble and learned friend Lord Mackay of Clashfern have unparalleled understanding of the principles and workings of devolution in the United Kingdom today, while my good friend the noble Baroness, Lady of Llandaff, has a very practical grasp of the day-to-day issues and realities of the operation of devolution in a plethora of policy areas, particularly health and palliative care.

My experience of devolution was initially very much at the coalface of the operation of what was then the Welsh Assembly—now the Senedd Cymru, the Welsh Parliament—for 12 years as a Member and a party leader from its establishment. The reality of life was largely driven not by idealism in those early days, and indeed now, but by ensuring that it operated in the best interests of the people of Wales and of the wider UK. I believe that that lodestar is still what guides Members of the Senedd today in making it work effectively.

The year 1999, with the setting up of both the Scottish Parliament and the then Welsh Assembly, represented a very real break with the past. There were of course pressure points between Wales and Westminster, and certainly between Scotland and Westminster, even when the parties in power were the same, which of course they were in the early days, both being Labour. That phenomenon is possibly more acute when the same parties are in power. Over time, those points of friction have decreased and eased. Politicians and officials got used to closer working. There were still points of dispute, of course, but that is the nature of politics. Devolution was extended and deepened by the Conservatives in Wales with a referendum for full powers, which was passed decisively, and the Silk commission report being acted on and introducing new powers from Westminster. There was a new devolution settlement, which has been honoured by successive Governments and needs to continue to be honoured.

Let us flash forward to the withdrawal from the EU and the work of this House and the other place on common frameworks. As was noted by my noble friend Lord Dunlop in Committee, the introduction of common frameworks was a success and agreement was

“reached … in October 2017, between the UK Government, the Scottish and Welsh Governments and the senior civil servant representing the Northern Ireland Executive, on the principles to guide the work on common frameworks.”—[Official Report, 26/10/20; col. 58.]

That approach has delivered on the policy areas that were identified, with very few exceptions, which were all truly exceptional. It is worth restating that the common frameworks have delivered and are delivering.