United Kingdom Internal Market Bill

Richard Fuller Excerpts

Tuesday 15th September 2020 Commons Chamber

[Drew Hendry]

This is the argument that Government Members try to propagate all the time—that if these powers came to Scotland, they would immediately be transferred to unelected people in the EU. Two things are wrong with that. First, nobody in the EU is actually unelected when they make decisions; they are all elected by either the Parliament or the people who go there. The second and most fundamental point is that, under these proposals, the UK Government are simply taking all control and overriding the ability of Members of the Scottish Parliament to do their job by representing the people who voted for them and their choices.

[Richard Fuller (North East Bedfordshire) (Con)]

rose—

[Drew Hendry]

I will make some progress.

The UK Government say that they want to

“guarantee the continued right of all UK companies to trade unhindered in every part of the UK.”

Under this proposal, businesses simply have to have deep enough pockets to challenge the democratic decisions of the Scottish Parliament and the Members elected by the people of Scotland to represent and make decisions further for them. For some, it will be “Sale of the Century” or “Bargain Hunt” as they go looking for these things. For those who set their sights on Scottish domestic choices, it does not stretch the imagination much to picture private health companies or private water companies operating in England looking at our publicly owned organisations and seeking to claim that, under the UK Government’s auspices, they have a guaranteed right to trade in Scotland. That is the first big flashing red light here.

[Drew Hendry]

Exactly; my hon. Friend makes a telling point. To say that the protections are opaque would be an exaggeration, because they are nowhere near as good as that.

[Richard Fuller]

I am keen, as I mentioned yesterday, to learn more about some of the points of view that the hon. Gentleman is expressing. In the absence of a common frameworks agreement, if it were not possible to get reconciliation between the constituent nations of the country on what the regulations should be, what would be the implications for business?

[Drew Hendry]

The problem with that question is that there is already, as I mentioned at the start of my remarks, a process for dealing with that—the common frameworks. I am saying that the UK Government do not have to take this hammer and smash devolution in order to organise things so that business can co-operate and work across the different nations of the UK, taking cognisance of the choices made by those nations’ individual Parliaments.

I turn to the composition of the Office for the Internal Market, and I would be grateful if the Minister intervened and gave me some answers to these questions. Who are these people? Who will sit down in judgment over the democratically made decisions of the Scottish Parliament? Do we know yet? Do we have any idea? These words from the Prime Minister—he was talking about the EU, of course—are coming back on him, as so many of his outpourings do:

“They may decide that now is the time—even though electorates are already feeling alienated from the political process—to hand sensitive decisions…to unelected bureaucrats.”

But that is what he has decided to do. He has decided to hand these decisions to unelected bureaucrats.

What grace-and-favour appointments will there be to this body? Will any of them have links to the many vested interests that apparently find it so easy to pick up contracts from this Government? The fact that that is something we can only guess at underlines how dangerous this proposal is for Scottish people and communities. We reject the idea of this body of unelected, unknown bureaucrats having power over the Scottish Parliament and the Scottish people.

The SNP has tabled amendments 28, 29 and 30, which are in my name and those of my hon. Friends. Amendment 28 would exempt from the operation of part 4, which deals with independent advice on and monitoring of the UK market, regulatory provisions applying in Scotland that did not apply to the whole of the UK. Via this amendment, the SNP wants Scotland to be removed from part 4 of the Bill, because it undermines devolution.

Decisions made by our elected representatives must be upheld, and this proposal to overrule the Scottish Parliament is a democratic outrage. Let us be clear that we cannot and will not accept this legislation in any form. Under the unelected Dominic Cummings, the Prime Minister is forcing this power grab through, despite overwhelming opposition from Scotland’s Parliament and MPs. It proves that Scotland will never, ever be accepted as an equal partner in the UK. It attacks the foundations of devolution and gives Westminster and an unelected quango a free hand to overrule the Scottish Parliament in devolved areas, threatening our NHS, our food and our environmental standards. It fires the starting pistol on a race to the bottom.

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[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Claire Hanna has withdrawn so we go straight to Richard Fuller.

[Richard Fuller (North East Bedfordshire) (Con)]

Thank you very much, Dame Rosie—that was unexpected. It is a great pleasure to serve under your chairmanship, and to have the opportunity to raise some general points and specific questions relating to the clauses under consideration today.

Overall, I am very supportive of the Bill, but, as with any substantial change, caution, checking and prudence should be part of the Government’s process. When I look at regulations and regulatory frameworks—which perhaps I do a little too often—uppermost in my mind is the quality of the regulations or framework, their effectiveness, their relevance, and whether we have the correct allocation of decision authorities given the different parts of the United Kingdom or different groups for which the regulations are being made.

On that last point, I want to pick up on some of the issues that animated the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) and perhaps others in their questions about the choice of a common approach compared with a common framework. I should perhaps know more about this area, but it is alluded to in paragraph 8 on page 5 of the explanatory notes to the Bill, which states:

“As part of its vision for the UK internal market, the Government is also engaging in a process to agree a common approach to regulatory alignment with the devolved administrations. The Common Frameworks Programme aims to protect the UK internal market by providing high levels of regulatory coherence in specific policy areas through close collaboration with devolved administrations.”

Where is that in the Bill or today’s considerations? What is the Government’s current thinking around engaging in a process to agree a common approach as part of their vision, as the explanatory notes state?

I did not get an answer from the hon. Member for Inverness, Nairn, Badenoch and Strathspey to my question about how disputes would be resolved in a common frameworks approach, which seems like a fundamental issue.

[Drew Hendry]

I thank the hon. Gentleman for allowing me to make good my deficit in not answering his question fully. I am happy to try to do so now. I understand that before the Bill was introduced, the Joint Ministerial Committee, with Ministers on both sides, was working on a programme, with some success, I understand, by which all these issues could have been ironed out in a collaborative and consultative way with each of the Governments of the devolved nations, but that has now been torn asunder. I look forward to the answer to the question about how this collaboration will work in the future, given that the Bill simply overlays that with an unelected quango and the ability for the BEIS Secretary and this Parliament to make the ultimate decision.

[Richard Fuller]

I think I have the answer—it might not be the one he thinks he is conveying—which is, there is none. There is no answer to how disputes will be resolved because it does not appear that that has actually been achieved.

[The Minister of State, Cabinet Office (Chloe Smith)]

I think I can clear some of this up. Essentially my hon. Friend is right and the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) is not right. The very meetings the hon. Gentleman has just described are still going on and will deliver five frameworks by the end of the year, so I hope he will withdraw his remarks about how that programme is not being co-operated with, because that is simply wrong. My hon. Friend is correct in that the section he refers to in the explanatory notes is, as the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Sutton and Cheam (Paul Scully) will explain later, being delivered alongside the Bill.

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[Richard Fuller]

I am very grateful for that clarification.

The hon. Member for Inverness, Nairn, Badenoch and Strathspey also said that the Office for the Internal Market was overlaying that process. That is not correct either. It is an advisory body that informs the decisions made by the common frameworks agreement. Perhaps I did not hear him correctly, but on both those points he did not sound precisely on point.

[Jonathan Edwards]

The hon. Gentleman is highlighting the fundamental weakness of the Bill from our perspective. The internal market is a shared asset between the four countries of the UK, but what is missing from the Bill is clear intergovernmental structures to govern it.

[Richard Fuller]

The hon. Gentleman is absolutely right. “So get on with it”, would be my suggestion to him and his colleagues. I have heard several points of strong opposition to the Bill rather than engagement. A more constructive engagement with the UK Government would help everyone, because as he rightly says the internal market is a shared asset between the four component nations of the UK. So I urge him and his party to encourage that work with the UK Government.

On the specific clauses in the Bill, I have a general point to make. We are very keen as politicians to do the new things, set new regulations, but we spend very little time checking whether they work or whether the regulatory body is doing any good or indeed doing what it said it would do in the first place, so it is important to get a bit more precision from the Government in some of the words they use in the Bill.

Clause 29 talks about the reports—the Minister may be able to help—the Competition and Markets Authority must prepare or report on. Clause 29(5)(b) states:

“developments as to the effectiveness of the operation of that market.”

The word “effectiveness” can have lots of different meanings to lots of different people. What remit are we giving to the Office for the Internal Market on how it will judge the definition of an effective operation of the market? Does it, for example, include whether the operation of the market continues to have the consent of all constituent devolved Administrations of the United Kingdom? Does it mean that the country has an adequate spread of production across the country? Does it mean that each market is promoting competition? Does it mean that prices are going down? The word “effectiveness” covers a lot of issues.

That issue also relates to clause 29(8), which states:

“So far as a report under this section is concerned with the effective operation of the internal market in the United Kingdom, the report may consider (among other things)—…(i) competition, (ii) access to goods and services, (iii) volumes of trade”.

I would say that that is a partial list. There may be other aspects that we would wish the Office for the Internal Market to look into when it considers the operation of the internal market, some of which I have mentioned. For example, is the Minister considering, or would he consider, that that should include the impact of the internal market on consumer rights? Should it include regional disparities? Most importantly, should it include innovation and competition?

Clause 30(3)(a) talks about advising on proposed regulatory provisions on request. This is an important issue relating to the points raised by the hon. Member for Inverness, Nairn, Badenoch and Strathspey, which is not only on the decision authorities but the scope for devolved Administrations to raise issues with the Office for the Internal Market. Clause 30(3) states:

“The condition is that it appears to the requesting authority that—

(a) the regulatory provision to which the proposal relates would fall within the scope of this Part and be within relevant legislative competence, and

(b) the proposal should be further considered in the light of the significance of its potential effects on the operation of the internal market in the United Kingdom.”

It seems to me, particularly in light of the desire of devolved Administrations to have some potential for innovations in regulations such as minimum alcohol pricing, that that “and” might be better considered as an “or”. It would be feasible for devolved Administrations to raise issues which may be outside the scope of their current remit of responsibilities, but for which the devolved Administrations, elected by their local voters, wish to see as a potential regulatory change in the future. What is the harm that could be caused by enabling that to be considered by the Office for the Internal Market?

The hon. Member for North East Fife (Wendy Chamberlain) tabled amendment 21 to clause 35, which relates to participation in the Competition and Markets Authority. Obviously, she may wish to speak to her amendment directly, but I draw the attention of the Minister to the issue of participation in the CMA. It is a relevant question to ask who will be on those bodies. We put the so-called great and the good on such regulators, but we do not really know who they are. What oversight do we have of their performance? What oversight and decision rights do we have of appointments? Would it not be a consideration to spread that beyond this Parliament to include devolved Administrations? I urge my hon. Friend the Minister to look carefully at the amendment tabled by the hon. Lady, as well as her new clause 4.

I welcome the Bill. As the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) mentioned, the internal market is a shared asset and we all want it to work effectively. The Bill is a very good start in making us move in the right direction, but we need some prudence in its implementation. I am very grateful to the Minister of State, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith) for her intervention to clarify some points on where we stand in relation to the common framework.

--- Later in debate ---

The Government seem not to care one bit about the cross-border single market of Cumbria and Dumfriesshire, for example. We need all the nations around the table and robust regulation of market and trading decisions, so that my farmers in Cumbria are not undercut by Government regulations—and then really until they are none the wiser and it is too late. We have the best standards of animal welfare, environmental control, and food safety in the world. I do not want there to be an in-built race to the bottom within the nations of the United Kingdom that undermine that correct reputation.

[Richard Fuller]

If I may, I will pick up on something that the hon. Gentleman has said. Many speakers on the Opposition Benches have also said this. They talk about the race to the bottom with regard to regulations. Please will he indicate where he sees any of that deregulatory zeal in this Government? I would like to see some deregulatory zeal. The truth of the matter is that, historically and certainly in recent years, the pattern of regulation of markets, whether in Scotland or in the rest of the United Kingdom, is for more and higher regulation. That is the story. The Government want to continue to maintain high standards. Where can he point to, so that I can see all these things that he is waving around as something we should be fearful of?

[Tim Farron]

I am grateful to the hon. Gentleman for his intervention. We should be aware that, on top of the desire politically for greater regulated markets, which I absolutely welcome, there is also a desire to maximise profit. What do we do when we are trying to maximise profit? We reduce costs. What are regulations? Well, sadly, they often involve more costs. One of the benefits of the European Union is that we lock ourselves in to an understanding that there are common rules. If, within the United Kingdom, we create an in-built incentive for one part of the United Kingdom to reduce its standards and therefore automatically drag down the standards of the other three parts of the UK at the same time, we have made this possible. Indeed, I argue that, thanks to the laws of free-market economics, we have made it more than likely—we have made it almost certain.

The Competition and Markets Authority should be representative of all the nation. There needs to be unity in the decisions and not just in the implementation of the conclusions. I am afraid for the future of our United Kingdom. Do this Government want to be the Administration responsible for the disintegration of our Union, whether by negligence or design? That is where they are taking us. This Bill, through its inherent relegation of the importance of devolution, is a colossal step—a witless step even—towards undermining the unity of the Union. This Government have taken us out of one Union. We will not let them wreck another, which is all the more precious even than the one that we have left.