THE Internal Market Bill constitutes a “power grab” on the devolved nations, a peer said during a damning speech to the House of Lords yesterday.
Lord Hope of Craighead, a retired Scottish judge who was the first deputy president of the UK Supreme Court, said that the legislation would make devolved powers “worthless”.
The Tory bill aims to legislate for a UK internal market after Brexit. That would mean Scotland, Wales and Northern Ireland would have to accept goods and services from the rest of the UK even if they do not meet standards enshrined in law in their parliaments.
The bill would also enable the UK Government to directly fund projects in Scotland even if they fall under devolved areas, against the wishes of Scottish ministers.
Yesterday as other peers focused on the bill’s ability to breach international law by overriding the Withdrawal Agreement, Lord Hope said he would discuss the consequences to the devolution settlement.
He told the Chamber while the issue may seem like a “side show” compared to the international law element, they should “take it very seriously”.
He stressed that frictionless trade depends on the principles of co-operation and mutual trust between all four nations – adding that at present the Internal Market Bill is “deeply damaging” to those principles.
“Mutual trust between the nations has never been lower than it now is – Scotland has refuse to give legislative consent to the bill and Wales as we’ve heard has indicated it cannot give consent to the Bill in its present form,” Hope said.
“Of course, this parliament can do what it likes. But a different approach is essential if the Union is to hold together against a growing trend towards fragmentation that if this government is not very careful will bring our precious Union to an end.”
He explained under the proposals there would be “no stopping” traders bringing in products from other areas which do not conform to the nation in question’s rules.
“The devolved powers are rendered worthless by this new system, he stressed. “UK ministers are given powers to do things which contravene the devolution settlements without consultation let alone consent.”
The crossbench peer went on to mention that the SNP has consistently referred to the legislation as a “power grab” on the Scottish Parliament.
“I’m not given to hyperbole, which I thought this was, but now having read the Bill ... I can see why this expression has been used by them and now in Wales too.”
READ MORE: House of Lords report blasts Brexit bill for 'destabilising devolution'
Last week a Lords committee blasted the Internal Market Bill, saying it risks “destabilising” devolution.
In a report the House of Lords Select Committee on the Constitution said Westminster must listen to the devolved administrations’ concerns and amend the bill, or remove the offending parts altogether.
The UK government has insisted the bill represents “the biggest transfer of powers in the history of devolution”.
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