Select committee: Constitution Committee
Conclusion 72
17th Report - United Kingdom Internal Market Bill
Published 16 Oct 2020
Paragraph 189
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)
The Secretary of State for Business, Energy and Industrial Strategy, Rt Hon Alok Sharma MP , and the Parliamentary Under Secretary of State at the Department for Business, Energy and Industrial Strategy, Rt Hon Lord Callanan , have each made statements under section 19 of the HRA that the Bill is compatible with the Convention rights. Those statements are difficult to reconcile with clause 47(2)(a), which exempts ministers from their usual duty to act in accordance with Convention rights when making regulations under clauses 44 or 45, and therefore casts doubt on the intended effect of clause 47(2)(a).
From: Constitution Committee, 17th Report - United Kingdom Internal Market Bill, paragraph 189, 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- Clauses 44, 45 and 47 were withdrawn following an agreement with the EU on the Northern Ireland Protocol.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".