With this it will be convenient to discuss the following:
Government amendment 90.
Amendment 89, in clause 2, page 2, line 8, leave out from “requirements)” to end of line 10 and insert
“must meet the relevant requirements of the part of the United Kingdom with the highest level of standards for that sale of that good.”
This amendment would ensure that any good produced, or imported, into the United Kingdom would have to meet the level of standards for sale of that good in the part of the UK with the highest level standards.
Government amendment 91.
Clause 2 stand part.
Amendment 34, in clause 3, page 3, line 24, leave out “consult” and insert “gain the agreement of”.
Clause 3 stand part.
Amendment 73, in clause 4, page 3, line 35, leave out “not”.
The intention of this amendment, linked to Amendment 74, is to ensure that mutual recognition applies to existing legislation as well as future legislation.
Amendment 74, page 3, line 36, leave out from “principle” to end of line 10 on page 4.
The intention of this amendment, linked to Amendment 73, is to ensure that mutual recognition applies to existing legislation as well as future legislation.
Clauses 4 and 5 stand part.
Amendment 35, in clause 6, page 5, line 22, leave out “consult” and insert “gain the agreement of”.
Clauses 6 and 7 stand part.
Amendment 86, in clause 8, page 6, line 40, at end insert—
“(c) the promotion of environmental, social and labour standards.”
This amendment would expand the definition of “legitimate aim” that could permit discrimination against incoming goods to include the promotion of environmental, social and labour standards.
Amendment 36, page 6, line 41, after “State” insert
“, after obtaining the agreement of the devolved administrations,”.
Clause 8 stand part.
Amendment 76, in clause 9, page 7, line 4, leave out “not”.
The intention of this amendment, linked to Amendment 77, is to ensure that the non-discrimination principle applies to existing legislation as well as future legislation.
Amendment 77, page 7, line 8, leave out subsections (2) and (3).
The intention of this amendment, linked to Amendment 76, is to ensure that the non-discrimination principle applies to existing legislation as well as future legislation.
Clause 9 stand part.
Amendment 78, in clause 10, page 7, line 17, at end, insert—
“(2A) In making these regulations, the Secretary of State must have special regard to the need to maintain the integral place of Northern Ireland in the United Kingdom internal market.
The intention of this amendment is to ensure that further exclusions from the application of the access principles have regard to safeguarding unfettered access of NI businesses to the UK Internal Market.
Clause 10 stand part.
Government amendments 5 and 6.
Amendment 79, in schedule 1, page 44, line 40, at end, insert—
“(6A) In the case that there is one REACH authorisation process for Great Britain, an authorisation that is lawful for the Northern Ireland market will be valid for the Great Britain market.”
The intention of this amendment is to apply the non-discrimination principle to the REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) regime.
Government amendment 7.
Amendment 80, page 45, line 2, at end insert—
“(8A) The United Kingdom market access principles do not apply to fisheries within the jurisdiction of Scottish Government Ministers.”
This amendment would exempt fisheries in Scotland from market access principles.
Amendment 87, page 45, line 23, at end insert—
“11 The United Kingdom market access principles do not apply to (and sections 2(3) and 5(3) do not affect the operation of) any legislation so far as it relates to public procurement.”
This amendment would include specific reference to public procurement within those areas of regulation that are exempt from market access principles under Schedule 1.
Schedule 1 stand part.
Clauses 12 and 13 stand part.
Government amendments 93 to 95.
Amendment 40, in clause 14, page 9, line 26, at end insert—
“(8A) A reference in this Part to “regulations” must take into account the requirements of section (Maintenance of minimum standards).”
Government amendment 92.
Clause 14 stand part.
Government amendments 97 to 107.
Clause 15 stand part.
Government amendment 108.
Clause 16 stand part.
Government amendments 112 and 111.
Schedule 2 stand part.
Clauses 17 to 20 stand part.
Government amendments 109 and 110.
Clause 21 stand part.
Amendment 81, in clause 22, page 13, line 33, after “23)” insert “or frontier worker”.
This amendment would accord to frontier workers the rights accorded to qualifying UK residents under this clause, to have experience or qualifications awarded in one part of the UK to be recognised in another part.
Amendment 82, page 13, line 34, after “resident” insert “or frontier worker”.
This amendment is linked to Amendment 81.
Amendment 83, page 13, line 39, at end insert—
“(3A) For the purposes of this Part, “Frontier worker” shall have the meaning given in Article 9(b) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.”
This amendment is linked to Amendment 81.
Clauses 22 and 23 stand part.
Amendment 84, in clause 24, page 15, line 2, after “resident” insert “or frontier worker”.
This amendment would accord the same rights to frontier workers as to qualifying UK residents under this clause.
Amendment 85, page 15, line 9, leave out “, the resident” and insert “or frontier worker, the resident or frontier worker”.
This amendment is linked to Amendment 84.
Clauses 24 to 26 stand part.
Government amendment 96.
Amendment 27, in clause 27, page 19, line 42, after “training” insert
“that has been agreed and approved by the devolved ministers”.
Clause 27 stand part.
Government new clause 12—Guidance relating to Part 1.
New clause 5—Maintenance of minimum standards—
“Regulations under this Part must not result in lower food or environmental standards applying in any part of the United Kingdom than apply in the European Union.”
New clause 10—Environmental derogation for market access principles—
“The United Kingdom market access principles do not apply to (and sections 2(3) and 5(3) do not affect the operation of) any legislation or other requirement so far as—
(a) its purpose is to protect the environment, and
(b) it is a proportionate means of achieving a legitimate aim.”
The purpose of this new clause is to provide for exceptions and derogations that allow all four UK nations to put in place proportionate measures to protect the environment and improve environmental standards.
Amendment 72, in clause 48, page 38, line 49, at end insert “or
(b) has the effect of making Northern Ireland businesses less competitive in the Great Britain market.”
The intention of this amendment is to include within the definition of distortive or harmful subsidies a subsidy which has the effect of making NI businesses less competitive in the GB market.
Clause 48 stand part.
Amendment 88, in clause 49, page 39, line 2, leave out subsection (1).
This amendment would prevent the United Kingdom Internal Market Act 2020 from being inserted into Schedule 4 of the Scotland Act 1998, meaning that this Bill would not become a “protected enactment” under that legislation.
Clauses 49 and 51 to 53 stand part.
Amendment 4, in clause 54, page 41, line 24, at end insert—
“(2A) The relevant sections of this Act come into force in accordance only if—
(a) a Minister of the Crown has moved a motion in the House of Commons specifying on which date a relevant section comes into force, and
(b) that motion is approved by resolution of the House of Commons.
(2B) The relevant sections for the purposes of subsection (2A) are sections 42, 43 and 45.”
This amendment would prevent any of sections 42 (Power to disapply or modify export declarations and other exit procedures), 43 (Regulations about Article 10 of the Northern Ireland Protocol) and 45 (Further provision related to sections 42 and 43 etc) coming into force before the House of Commons had approved by resolution the date from which they would take effect.
Amendment 9, page 41, line 25, leave out subsections (3) and (4) and insert—
“(2A) The other provisions of this Act may not come into force (and in particular no additions may be made to Part 2 of Schedule 7A to the Government of Wales Act 2006 (specific reservations), Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) or Schedule 2 to the Northern Ireland Act 1998 (excepted matters)) until the Prime Minister is satisfied that resolutions have been passed in Senedd Cymru, the Scottish Parliament and the Northern Ireland Assembly in favour of those provisions coming into force.”
This amendment would ensure that no additional powers are reserved to Westminster through this Bill unless the devolved legislatures of Wales, Scotland and Northern Ireland give their consent.
Government amendment 66.
Amendment 39, page 41, line 26, at end insert—
“(3A) Regulations under subsection (3) may not be made before a legislative consent motion relating to this Act has been approved by the each of the devolved legislatures in Scotland, Wales and Northern Ireland.”
This amendment would require the remainder of the Act to have gained consent of the devolved legislatures before coming into effect.
Clause 54 stand part.
New clause 9—UK Council of Ministers—
“(1) The Secretary of State must publish no later than three months from the date on which this Act is passed a framework for a UK Council of Ministers to be agreed by resolution of each House of Parliament.
(2) The responsibilities of the UK Council of Ministers must include—
(a) considering the UK Government’s use of financial assistance for economic development in terms of section 46 of this Act;
(b) considering the terms of any reports prepared by the Competition and Markets Authority in terms of section 29 of this Act;
(c) considering the extent to which its members have acted in a manner consistent with the devolved settlement;
(d) reviewing and considering the impact of any aspect of the internal market of the United Kingdom on any part of the United Kingdom;
(e) requesting that the Secretary of State take specific necessary action to facilitate policy objectives in an area within the competence of the Secretary of State.
(3) The membership of the UK Council of Ministers must include representatives from all parts of the United Kingdom and its devolved administrations.”
This new clause establishes a UK Council of Ministers to ensure the effective functioning of the Internal Market and to examine spending under this Bill.
New clause 11—Review of the Act—
“(1) Within three months of the date on which this Act is passed, the Secretary of State must lay a report before each House of Parliament on the dates on which each section—
(a) was commenced; or
(b) is planned to be commenced.
(2) The Secretary of State must arrange for a review to be carried out within three months of the date on which this Act is passed, and thereafter at least once in each calendar year on the operation of this Act.
(3) The Secretary of State must invite the Scottish Government, the Welsh Government and the Northern Ireland Executive to contribute to the reviews in subsection (2).
(4) The reviews under subsection (2) must make an assessment of—
(a) the functioning of the United Kingdom internal market;
(b) the effectiveness of market access principles;
(c) progress towards agreeing common frameworks with the devolved administrations;
(d) progress towards drawing up a shared prosperity fund framework; and
(e) progress in resolving issues through the Joint Committee machinery in the Withdrawal Agreement.
(5) The Prime Minister must arrange for a report of any review under this section to be laid before each House of Parliament as soon as practicable after its completion.”
The intention of this new clause is to provide Parliament with information on the working of this Act in the context of developing common frameworks.