United Kingdom Internal Market Bill

Lord Jay of Ewelme Excerpts

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

[Lord Jay of Ewelme (CB) [V]]

My Lords, there is much in the Internal Market Bill that I am happy to support, but I have two reservations. The first is devolution. Bringing back for settlement within the United Kingdom questions which have for a generation been settled at the level of the EU was always going to be difficult. This is particularly so if, as I suspect, the United Kingdom is moving in the direction of a federal state—one of the great ironies of Brexit. The right way forward must surely depend on genuine consultation and negotiation among all four countries of the union, as has been happening over common frameworks. The Bill seems to be putting all this unnecessarily—and, indeed, dangerously—at risk, for reasons I simply do not understand. So I look forward to the noble Lord, Lord True, explaining why tomorrow.

My second reservation relates to Part 5 of the Bill. I have read the reports of the EU Committee and the Constitution Committee, and the Bingham Centre’s analysis of the Bill, and I agree with every word of the letter from the most reverend Primate the Archbishop of Canterbury and his colleagues. It is clear that Clauses 44, 45 and 47 would constitute a breach of international law and, as the Bingham Centre’s report makes clear:

“A breach of the rule of international law is still a breach of the Rule of Law.”


These clauses go against all that the United Kingdom has stood for, nationally and internationally, for as long as I can remember. How can we persuade other countries to observe the rule of law if we are willing to break it ourselves? These clauses not only contribute nothing to the Brexit negotiations—indeed, it seems to me, rather the reverse—but reduce the future effectiveness of global Britain. They must be removed from the draft Bill; meanwhile, I will be glad to support the Motion in the name of my noble and learned friend Lord Judge tomorrow.