The House of Lords Constitution Committee and EU Committee are
today publishing reports on the UK Internal Market Bill. Both
reports call on the Government to remove provisions authorising
breaches of the UK’s international law obligations under the
Protocol on Ireland/Northern Ireland and the Withdrawal
Agreement.
The reports come ahead of second reading of the Bill in the House
of Lords on Monday 19 October.
The Constitution Committee’s report highlights the constitutional
significance of the Bill, primarily its implications for the
devolution arrangements in the UK and the rule of law. The EU
Committee’s report focuses on the effects of the Bill in the
context of the Withdrawal Agreement and its international
implications.
The Constitution Committee concludes that the Bill is
unprecedented in setting out explicitly to break international
law, and that this both undermines domestic law and is contrary
to the rule of law.
In respect of devolution, the Constitution Committee’s report
says "The Bill adopts an unnecessarily heavy-handed
approach to reconciling the demands of free trade within the UK
and the need to respect the role and responsibilities of devolved
institutions."
The EU Committee finds that “the Government’s pre-emptive
action has … placed the UK in the wrong” and has
“damaged its international reputation as a defender of
the rule of law”.
The EU Committee notes Government claims that the EU is not
implementing the Protocol in good faith but points out that no
evidence has been provided to support these claims, and that “the
Withdrawal Agreement itself provides multi-layered remedies” to
address UK-EU disputes.
Commenting on the Constitution Committee report, Baroness
Taylor, Committee Chair said:
“Respect for the rule of law requires compliance with treaty
obligations. The Government has not provided a satisfactory
justification for the violations of international law under the
Bill. This constitutionally dangerous approach is compounded by
the fact that the Government seeks in this Bill to put
ministerial powers above relevant domestic law —a step that is
unprecedented as well as fundamentally at odds with the rule of
law.
“The Bill also provides the Government with powers that could
allow it to alter the competences of the devolved administrations
in significant ways. As such it risks de-stabilising this
integral part of the UK's constitutional arrangements at a time
when it has never been more important for central and devolved
governments to work together effectively.
“The Constitution Committee calls on the Government to set out a
process for consultation with the devolved administrations on the
management of the internal market arrangements and to consider
the serious constitutional concerns that arise from the UK
violating its obligations under international law”.
Commenting on the EU Committee report, , Committee
Chair, said:
“The Government has so far offered no convincing explanation of
why it wants to use the Bill to breach an international agreement
that the UK only ratified in January this year. Nor has it
presented any evidence to support allegations that the EU has not
been acting in good faith.
“This is hugely damaging to the UK’s reputation, particularly at
a time when the Government is seeking to hold other countries to
account for breaching international law. I really hope the
Government will remove Part 5 of the Bill, and throw its energies
into reaching agreement with the EU, particularly on the
implementation of the Protocol. We all need to focus on the
central task of maintaining stability and prosperity in Northern
Ireland.”
To read the Constitution Committee’s report, click
here.
To read the EU Committee's report, click here.
Notes to Editors
- The Constitution Committee examines all Bills for
constitutional implications and considers wider constitutional
issues.
