United Kingdom Internal Market Bill — House of Commons, 2020-12-07
Topic: International Affairs
Andrew Egan Henderson Hendry (Scottish National Party, Centre-left): Thank you, Madam Deputy Speaker. I could have come back with a different response, but I appreciate you intervening The hon. Gentleman tries to say that this is not a power grab—not taking back powers from the Scottish Parliament. What I am quoting is not SNP folks saying this, and not even the Scottish Government—it is other people, as we have heard from around the different parties, including his own, right across the nations of the UK, and across the world. What he says really does not hold any water On clause 49, the Lords amendment removes the UK’s Government’s attempt to re-reserve state aid. Lord Thomas noted that "unashamedly, the Government want to use this legislation to alter the devolution settlements…They are trying to make state aid a reserved matter by the device of expanding or extending the competition policy reservation."—[Official Report, House of Lords, 25 November 2020; Vol. 808, c. 317.] Lord German confirmed: "Blunting and reducing the power of the devolved authorities is deemed to be a price worth paying so that the UK Government alone can determine the route they wish to follow in directing the new regime. Yet we do not know what this regime will look like."—[Official Report, House of Lords, 25 November 2020; Vol. 808, c. 319.] Leading for the Government in the Lords, Lord Callanan confessed that "Clause 44 reserves to the UK Parliament the exclusive ability to legislate for a UK-wide subsidy control regime."—[Official Report, House of Lords, 25 November 2020; Vol. 808, c. 325.] I can tell the House that the SNP will not accept this brazen power grab. State aid must remain a devolved competence Lords Amendment 11 means that devolved Governments must either give their consent to regulations within a month, or the Government could continue but would have to explain to Parliament why they were proceeding without agreement. Lord Bruce noted that it "takes the need for consultation but adds to it by saying that there must be a requirement to secure consent." That is absolutely what is required. He went on to say: "That draws on the common frameworks principles, which suggest that every sinew should be bent to secure consent."—[Official Report, House of Lords, 23 November 2020; Vol. 808, c. 50.] I stress: not consultation but consent On Lords amendment 57, Lord Thomas noted that "the composition of the CMA should now reflect its different position and role under this Bill...it is critical that it commands the confidence of all the people of all the nations of the United Kingdom and therefore that it has representations from them."—[Official Report, House of Lords, 23 November 2020; Vol. 808, c. 103.] Lords amendment 1 seeks to protect the role of the common frameworks from the Bill. When moving his amendment on Report, Lord Hope summarised: "Not only does the Bill ignore the common frameworks process but it destroys one of the key elements in that process that brought the devolved Administrations into it in the first place: it destroys policy divergence. It destroys those Administrations’ ability through that process to serve the interests of their own people, and to innovate."—[Official Report, House of Lords, 18 November 2020; Vol. 807, c. 1432.] Baroness Finlay warned that the Bill "is not based on warm support for devolution but rather on hot resentment of the fact that the devolved Governments and legislatures can innovate at speed and take their populations with them."—[Official Report, House of Lords, 18 November 2020; Vol. 807, c. 1434.] That is something that this Government cannot do Lords amendment 8 removes sweeping Henry VIII powers that allow the Minister to alter the definition of key requirements for the Bill and in each case rewrite those principles substantially in secondary legislation. In the Lords proceedings, the Government accepted the argument and removed the Henry VIII powers from clause 3, but refused to remove them from clause 6. Under clause 6, the Secretary of State can act without the need to introduce new primary legislation or to obtain the consent of the devolved Governments, taking power away from them. As I have said before, the UK Government’s offer to consult is meaningless. "Consult" is not the same as consent, which is what is required.