United Kingdom Internal Market Bill

Patrick Grady Excerpts

Tuesday 15th September 2020 Commons Chamber

[Drew Hendry]

Dame Rosie, it is a pleasure to serve under your chairmanship. I rise to talk to amendments 28 to 30 in my name and those of my right hon. and hon. Friends.

When the Institute for Government warned that

“it is not clear how disputes around the functioning of the internal market will be managed”,

it opened up the yawning and damning gap in the plans for the governance of the internal market. As a result of ditching co-operation over common frameworks, this Government propose to fill the gap with an Office for the Internal Market—an unelected quango. I will return to the composition of that body shortly. The Office for the Internal Market will have an effective veto over the Scottish Parliament, and the subsequent result is that devolution will be hamstrung. This is yet another step in introducing a system where standards are set by Westminster and they must be accepted by Scotland in devolved areas.

Analysis by the Scottish Government has revealed that successful Scottish policies such as alcohol minimum unit pricing, our policy on tuition fees and the ban on smoking in public places would be among the Bills referred to the Office for the Internal Market. That has been opposed by many bodies who have shone a light on this. The National Farmers Union Scotland has raised a series of concerns about the function of the Office for the Internal Market’s dispute resolution mechanism in managing policy differences, ensuring that the UK Government do not have the final say on areas of devolved policy, including agriculture, and enabling the devolved Administrations to act where it is considered that a policy aligning in a particular manner is unfavourable to devolved interests such as agriculture.

Of course, it would not have to worry about that if the UK Government had simply continued work on common frameworks. Common frameworks are designed to manage cross-UK divergence where EU law and devolved competencies intersect, including in relation to the functioning of the UK domestic market, together with existing processes for regulatory impact assessment and existing structures for regulatory co-operation and information sharing. Let us be clear: they do not need to be supplemented or undermined by a new, unelected body.

[Patrick Grady (Glasgow North) (SNP)]

Does this not get to the crunch? Government Members keep asking what powers are being taken away from the Scottish Parliament. My hon. Friend is outlining it—the power that is being taken away is the power to make all these decisions. The Scottish Parliament is going to be trumped by an unelected, unrepresentative body, instead of having agreements between the devolved Governments and the UK Government on the framework basis, which should be being implemented.

[Drew Hendry]

I could not agree more. This simply does not have to happen. Scotland does not need it, and Scotland does not want it.

--- Later in debate ---

[Neale Hanvey]

This debate is focused on part 4, in which the authority of the Competition and Markets Authority and the wide-ranging and poorly specified powers of the UK Government’s man in Scotland are nothing short of a British nationalist inquisition. There are wide-ranging powers that cut to the very heart of the devolution settlement across every policy area—powers that the Government claim they will never use; they are there just in case. Well, Scotland is not buying it, and we are not having any of it. Devolution is the settled and robustly expressed will of the Scottish people, and it must be for the Scottish people alone to decide whether it should ever be restricted or changed in any way.

Part 4 of this wrecking-ball Bill takes decision-making powers away from Holyrood and hands them to the unelected body of the Office for the Internal Market. This office of inquisition will have the power to pass judgment on devolved laws and could quickly become the target of rich corporate lobbyists determined to see activities such as fracking go ahead against the will of the Scottish people.

[Patrick Grady]

Is not the power grab compounded by the fact that the Government clearly intend to push this legislation through without legislative consent to the Bill from any of the devolved Administrations? When they ask, “Where is the power grab? Give us an example,” that is it. They are refusing even to accept the fact that the devolved legislatures will not consent to the Bill and they will not engage in its detail. The power grab runs right the way through this process.