United Kingdom Internal Market Bill

Christine Jardine Excerpts

Tuesday 15th September 2020 Commons Chamber

[Alyn Smith]

I thank the hon. Lady for that point. In my 15 years at the European Parliament I was always struck by how many unelected bureaucrats had been democratically elected by the people they served. It is great to engage with something that does not quite exist, such as the European Commission that the hon. Lady wishes did exist.

For those who are against unelected bureaucrats, I suggest only that they consider the reality of the Bill. The Bill replaces 60 years of jurisprudence, overseen by experts in the European Commission and the Court of Justice—be they democratically elected MEPs or democratically elected member state Governments—with a group of people who will be unelected. They will be appointed, but they have not been appointed yet. We do not know who they are. They will be operating a competition policy that has not as yet been revealed by this Government, who are so desperately negotiating with themselves that they cannot tell our European partners what they are trying to do. Those people will be operating with a budget that has not yet been shown to us, and with jurisprudence that does not yet exist. It takes a heroically Panglossian approach to think that that can be created in a matter of months.

[Christine Jardine (Edinburgh West) (LD)]

Could the hon. Member clarify for me how he thinks replacing 60 years of jurisprudence will be terribly difficult, yet replacing 300 years—[Interruption]—will be simple?

[The Temporary Chair (Sir Graham Brady)]

Order. Stick to the point of the amendments.

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[Alexander Stafford]

I have every faith that the Scottish people will be represented, and the Welsh and the Northern Irish and—I hate to say the word; I do not think the hon. Gentleman mentioned this—the English people as well. This Government and this party want to represent the United Kingdom. The SNP wants to represent the Scottish people only. I want to represent the entire country, so of course we will come together.

Going back to the main part of my speech—

[Christine Jardine]

Will the hon. Gentleman give way?

[Alexander Stafford]

I have taken a huge amount of interventions already, so I will make some progress.

This body, fundamentally, is at last going to look after Britain and British interests, and that to me, is vitally important. Moving on to the main clauses of the Bill, clause 28 as it stands will allow the OIM to monitor the internal market, which is another example of how we have taken back control of Britain’s future. We are looking after our own markets at last. Clause 29 states that the CMA will be able to conduct research of its own volition in addition to research requested by political parties, the devolved Administrations and legislatures and, of course, the UK Government. It will regulate cross-border competition, cross-border investments and the levels of trade between the different parts of the UK. This will be great for the levelling-up agenda, because the CMA will look at all aspects across the borders.

Clause 30 will make the system more transparent. The CMA will have to share all reports commissioned with all national authorities—including the Scottish Parliament—after 15 days, regardless of who requests the report, in order to be compliant. All parties should welcome this level of transparency and openness in politics. In other words, if one body asks for it, everyone gets to see it. There is no cloak and dagger; everyone is involved and treated equally. Clause 32 states that the CMA will be able to report on the economic impacts of the Bills passed into law. It is fantastic to have objective-free reporting, without party-political goggles or restraints. This will allow us to have an objective-free, open way of looking at things.

Clause 34 will allow the CMA, at its own discretion, to exclude particular categories of information from its reports, where they are judged to be significantly harmful to UK business interests. That puts our economy first, which is exactly what the body ought to do. It is not a political body, and it is not a Parliament making political points. It is trying to say, “We are here for business”, because this is a business Bill to promote British business and our British trade. It is not about independence. Is not about a so-called power grab. It is about promoting trade, and nothing more. It is about making things better for everyone—for the people of Scotland, Wales, Northern Ireland and England.

Clause 36 grants the CMA information-gathering powers, and states that no information can be requested if it cannot be compelled to be given in the course of civil judicial proceedings before a court. This gives a level of protection against invasive Governments of all colours, whether in England, Scotland, Wales or Northern Ireland, because this party backs business. Despite what the SNP is telling us about a so-called unelected cabal of people being in control, that is simply not the case. This body is about business. We have had many interventions in the debate, but now that I am talking about the clauses and about business, how many times have SNP Members intervened to talk about the nub of the Bill rather than going on about independence? The Bill is not a power grab. It is about business and the economy.

Clause 47 sets out conditions on non-compliance. The CMA will be able to decide whether information requests have been supplied to a satisfactory level, and non-compliance will be punishable with a financial penalty. Dispute resolution will ultimately be a matter for the courts, and the Government will be kept out of it. Once more, we are talking the language of business. We are not doing this in a party political way; we are doing it in a business way. As anyone who has worked in a business or run a business will know, we do not want politicians sticking their noses in business. We actually want a fair way to get through things.

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[Alexander Stafford]

I completely agree—this is an economic thing. In fact, I am about to talk about clause 38, which brings me on to answer my hon. Friend’s point. Clause 38 says that the CMA is able to choose between a number of penalties to punish non-compliance, which is good, but is unable to levy a penalty against national or devolved Governments. It can therefore never be a stranglehold on Governments and can never be used as a tool between Governments; it is not going to bash the English Government or the Welsh Government or the Scottish Government. The CMA is actually a business body. This is not a political Bill but a Bill for business, because business will bring us together. Fundamentally, the Acts of Union of 1707 came together over business. Lest we forget, after Scotland’s failed colonial project in Panama, when Scotland went bankrupt, we had to come together to promote business. That is why the Acts of Union happened. This helps to create business.

Ultimately, the Bill ensures that high standards are protected across the whole UK. Our legislation will maintain consistently high standards across every part of it, promoting co-operation between the UK Parliament and the devolved legislatures. There will be no diminution of our food hygiene or animal welfare standards. I know that the people of Scotland, Wales and Northern Ireland do not buy into this nationalistic, manufactured hysteria. Scottish National party Members claim to represent all the people of Scotland. No, they do not. They represent their own views, and those of many people —I grant them that; many people want independence—but not the whole of Scotland. What represents the whole of Scotland support for business.

[Christine Jardine]

Will the hon. Gentleman give way?

[Alexander Stafford]

Why not?

[Christine Jardine]

I thank the hon. Gentleman for giving way, but how does he explain that those of us who are not nationalist, who do not want to see independence in Scotland, Wales or Northern Ireland and who believe wholeheartedly in the United Kingdom feel that this part of the Bill is damaging and is the very thing that will potentially tear apart the United Kingdom? How does he allow for that, and for the fact that we object to the Bill?

[Alexander Stafford]

I say sorry that those people are falling into nationalist arguments and giving succour to the independence movement, rather than actually coming together for business, as true Unionists in the House should. They should celebrate coming together for business rather than playing these party political games that will only tear us asunder. We should work together, and I encourage them to work together.

[Christine Jardine]

rose—

[Alexander Stafford]

I have already given way once, so I will make progress.

The Bill is not a Westminster power grab, but a guarantee of a strong United Kingdom that will safeguard jobs and make us stand tall on the world stage. It will make us all more prosperous. The devolved nations, like Rother Valley, stand to benefit greatly from this Brexit bonanza, and I will lend them my support every step of the way.

Through the Bill we will enshrine in law the principle of mutual recognition so that goods and services from one part of the UK will be recognised across the country, and the principle of non-discrimination so that there is equal opportunity for companies trading in the UK, regardless of where they are based. This not only protects the integrity of the United Kingdom, but strengthens it. However, I wish to appeal to all our fellow Britons, north of the border, across the Irish sea and in Wales. This is about more than just pounds and pence. The economic benefits of the Union are undeniable, but our United Kingdom stands for so much more than that. I have the greatest respect for Scotland, Wales and Northern Ireland, and their people, history, culture and devolution settlements. That is why I back the UK Internal Market Bill—it empowers all Britons, wherever in the United Kingdom they may live, and strengthens devolution.

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Getting a good deal with the EU—a deal that would avoid the need for a significant internal border—is eminently achievable and is plainly in the national interest. This is about regulatory alignment: closely following regulations on food and animal standards, workers’ rights and consumer rights, and competition rules. The closest working relationship with our European neighbours continues to be in all our interests. Now is not the time to undermine trust and negotiations held in good faith. The Government must finally put the interests of the whole United Kingdom first to protect the Union and uphold international law. Please support amendments 21, and new clauses 1 and 4.

[Christine Jardine]

It is a pleasure to serve under your chairmanship, Sir Graham. Like my hon. Friend the Member for Bath (Wera Hobhouse), I rise to speak to amendment 21, and new clauses 1 and 4. Ironically, I do so on the International Day of Democracy—a day when the people of this country might expect their elected representatives to be pondering the importance of listening, consultation and the rule of law. To be fair, in a way we are, but not in any way that fills me with pride or a feeling of hope for our future and for the United Kingdom. No, we are standing here in the mother of Parliaments discussing a Bill that is undoubtedly necessary to smooth trade within the United Kingdom, and I find that we are faced with a Bill—and this part in particular—which shows scant regard to several vital pillars of our democracy.

Where is the respect both for elected representatives here and the devolved authorities across the UK? Where is the respect for the need to consult, listen and produce a coherent, consistent and consensual approach with the other elected authorities? Perhaps amendment 21 would deal with that. Most importantly, where is the respect for the rule of law—a principle without which it is difficult for any democracy to work effectively for its people?

We have heard much over the past few days about the potential impact of the Bill on this country’s international reputation, but today I am concerned about, and would like to concentrate on, its impact on the Government’s reputation and on the future of the country. There are reports that the Prime Minister and his team are confident that the general population will not be too bothered about the Bill. I have to tell the Government that they have political opponents all over the country and in this House who will spend every waking moment, every hour, making sure that the electorate are entirely aware of their perception that this Bill is damaging to the devolved nations and how they operate, and they will use it to promote their own separatist agenda to split up not the European Union, but the United Kingdom. I take great offence at the suggestion earlier that I might be a nationalist simply because I am concerned about the impact of that argument. It is precisely because I believe in the United Kingdom that I want us to pay attention to the dangers in what this Government are saying.

[Alyn Smith]

I commend the hon. Lady on her Unionism and respect it absolutely.  Edinburgh West is a place I know well from my own background. Will she agree that there is not a single thing about independence in the amendments my party has tabled—they are about protecting the devolution settlement—and will she be supporting them as well as her own amendments?

[Christine Jardine]

Yes, I support the devolution amendment, and yes I believe, as I will come on to explain, that this is all about the devolution settlement, which is a very different thing from independence.

How often did right hon. and hon. Members listen to me and my colleagues warn the Government they were heading to exactly where we are now? As I said earlier, I fully accept we need a framework by which the powers that were vested in Brussels and are now returning to the UK will work for every part of this country. We need a Bill that does precisely that, but, Sir Graham, this ain’t it.

I cannot understand why the Government, in forming this Bill, did not stop for a minute and listen to the many voices urging them to be more conciliatory—to look, for example, at measures such as those that my Liberal Democrat colleagues and I have proposed: to appoint Ministers from the devolved nations to the CMA and be inclusive. But the Government did not listen to us, especially when we warned about the dangers of the withdrawal agreement to the Good Friday agreement, which everyone in the House should regret. Please listen to us now when we say that this approach—this Bill, these steps—do not respect the spirit of that agreement or the devolution settlement.

I appreciate, possibly more than many, that the devolution settlement is something that Conservative Members, particularly those from Scotland, were not comfortable with 20 years ago, but even they have surely learned to love the enthusiasm, commitment and benefits we have seen in Scotland, and I am sure in Wales, and the great changes brought about in Northern Ireland by devolution, and in London. We have come so far since the turn of this new century in devolving power in this country closer to the people most affected by it. It would be dreadful if this Bill—this attempt to allow us to trade more smoothly—were to undermine it, but I fear that that is exactly what it will do.

In supporting amendments tonight, I appeal to Government Members, many of whom have sat—and one or two of whom are aiming to sit once again—at Holyrood. I am confident that they cherish as much as I do what we have achieved for Scotland in Scotland as part of the United Kingdom, in Wales and, most importantly, in Northern Ireland, where we have peace for the first time in my lifetime. I disagree fundamentally with my colleagues on the SNP Benches about independence and where Scotland should be heading, but I cannot disagree with their anger at the lack of respect for ourselves, our Parliament and others across the United Kingdom.

I do not believe that that is what the Conservative and Unionist party truly believes or wants. I want to believe it was not what it intended when it opened this constitutional and legal can of worms, but we need more than words and platitudes about how it will be fine and it is all about trade. We need Conservative Members to stand with us and say to the Government: please respect our Parliaments, the will of the people across the country and the rule of law. If they will not abandon the Bill, I ask them please to accept the amendments, because that is the only way to respect and protect the United Kingdom.

[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a great honour to serve under your chairmanship, Sir Graham, and to follow the speech of my hon. Friend the Member for Edinburgh West (Christine Jardine).

The Bill claims to be about unity based on the pillars of mutual recognition and non-discrimination; in reality, unamended, the Bill is something quite different. It will enforce the lowest common denominator in goods and services across the United Kingdom. There is such a focus on the fear of letting in through the front door chlorinated chicken or whatever other emblem of lowered standards there might be from a trade deal with the US or anywhere else. This Bill unamended is the route through the back door to lowered standards, whether it be for farmers, in retail or in manufacturing.

What is the value in consistency if it leads to the lowest possible standards, and how do we ensure the integrity of the Union and the dignity and, indeed, sovereignty of Scotland, Wales, Northern Ireland and England as we consider how to regulate these deals? We have in front of us the proposal for the Office for the Internal Market, which looks to be utterly toothless, in effect. At the apex of its terrifying range of powers is the ability to launch investigations and to deliver written statements—and that is it. That is the entire arsenal for the devolved nations to protect their standards of goods and services, while those nations will not be around the table making the decisions in the first place.

If the Government think this is a Bill about creating a united front, they are completely and utterly deluded. Rather than finding unity and a common position between the nations of the UK, this set of proposals in reality drives a deeper wedge between them. Like my hon. Friends who spoke before me, that fills me not with joy in the anticipation of another bite at the cherry of independence, but with complete and utter dismay. It should fill Conservative and Unionist MPs with utter dismay, and I am bewildered that it does not.

The problem is that the Government voted for and the Prime Minister signed a withdrawal agreement that he knew—he must have known—was a trade-off between a border separating Northern Ireland and the Republic and a trade border in the Irish Sea. One threatens the Good Friday agreement and the other threatens the very existence of the United Kingdom. There was never a third option: there was no Malthouse compromise and nothing else was on the table. It was all guff, and I pity any Tory candidate who fell for it.

It was a border between Northern Ireland and the Republic or a border between Ireland and Great Britain, and the Prime Minister made a choice, but now he says he does not like his choice, or he did not understand his choice, or it is all the fault of the nasty foreigners. But we have discovered in the last few days, as have millions of people who voted in good faith for this Government last December, that Brexit is not done: it was never done. Either the Prime Minister did not understand what he was signing, or he said a thing, indeed a series of things, that was not so. On this also, there is no third option.

More than 20 years ago, as has been said, this country rightly moved towards devolution to empower Wales, Scotland and then Northern Ireland. To their great shame, the Labour Government at that time did not do go further in empowering the regions of England also. Of course, the devolution that did happen at the time was opposed by the Conservative party in opposition, but in time it grew to accept the new devolved nature of Government in these islands, because—guess what?—proportional representation gives it seats in Scotland.

If on issues where the devolved Administrations have competence this Government force them to submit to whatever standards they decide on in the guise of unity, all we are doing is enforcing the lowest common denominator. We will not be levelling up; we will be forcibly levelling down. The Government will be sticking up two fingers at devolution.

This is a significant threat to the Union. I am waiting and waiting for the moment when Conservative and Unionist party Members will grasp the second part of their name and their mission. The current Conservative leadership deems this Bill to be just another convenient trench in the culture war. I implore Conservative MPs to take back control of their party before it is too late and we lose our country, for then there will be no Union for us to be Unionist about.

In South Cumbria, I am 50 miles from the Scottish border. I have no desire to live 50 miles from a foreign border—not in my lifetime, nor in my children’s or grandchildren’s lifetimes.

There are both practical and emotional reasons why this Bill is the worst thing to come to this House in the 15 years that I have been a Member of Parliament. Cumbria does not have a more important internal market than our relationship with south-west Scotland. It is a porous border, not even recognised by many: people work on one side of the border and live on the other; they go to school on one side and visit their GP on the other. Sheep reared in Cumbria are sold in Scotland. Cattle reared in Scotland are sold in Cumbria. Farmers dependent on common standards on both sides are about to see those standards undermined. Our farmers, across all nations, are to be sold down the river. Every poor decision, every compromise will sow more seeds of discontent in the devolved nations, playing into the hands of those who are desperate to split us asunder.