Select committee: Constitution Committee
Conclusion 67
17th Report - United Kingdom Internal Market Bill
Published 16 Oct 2020
Paragraph 173
Constitution Committee United Kingdom Internal Market Bill All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
It is misleading for the Government’ s official legal position to suggest that the dualist doctrine of UK domestic law means that treaty obligations become binding only once they are enshrined in domestic legislation. International law operates, and binds nation states, irrespective of domestic enactment.
From: Constitution Committee, 17th Report - United Kingdom Internal Market Bill, paragraph 173, 16 October 2020
Government response
The government responded to the whole report on 23 December 2020 (deadline 16 December 2020).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government states that it has "considered the Report's findings and recommendations in great detail" and that amendments to the Act "have sought to address the Committee's primary concerns", while maintaining that the Act is needed to protect seamless trade across the UK.
- On delegated powers, the government introduced a one-month consent period for the devolved administrations, and says that if consent is not received the Secretary of State "must publish a statement explaining why he has proceeded in the absence of consent".
- It removed the power in clause 3(8), saying it is "now content" that removal "will not substantially undermine" the internal market system, though its position "remains that the majority of the powers in the Act are needed".
- On financial assistance, it states the power "does not take away responsibilities from the DAs" and that it "intends to continue to work in partnership" with them. It does not accept a statutory duty to consult.
- Clauses 44, 45 and 47 were withdrawn following an agreement with the EU on the Northern Ireland Protocol. The government states the Act "is compatible with the ECHR".