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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 30 November 2025
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Displaying 2911 contributions

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Constitution, Europe, External Affairs and Culture Committee [Draft]

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Stephen Kerr

It was.

Constitution, Europe, External Affairs and Culture Committee [Draft]

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Stephen Kerr

I explicitly asked the witnesses who have come before the committee whether they want UKIMA to be repealed. You can look at the official record; it is very clear. We can swap quotes from the Official Report if you want. I can tell you, having sat through all those meetings, that businesspeople in Scotland appreciate the legal certainty that UKIMA has given to them.

I will move on to a different issue, which is the effect of UKIMA on the ability of devolution to work and there being an opportunity to create innovation. To consider what the academic experts told us, I will share a couple of quotes from Professor Chris McCorkindale, who is an adviser to the committee, which the cabinet secretary would perhaps like to comment on. Professor McCorkindale said that UKIMA

“does not impose new legal limits on devolved competence”

and that it simply ensures that devolved laws do not create barriers to trade. Angus Robertson just said that we agree that there ought not to be new barriers and that we want to have frictionless trade across these islands, and that is what Professor Chris McCorkindale of the University of Strathclyde said.

Professor McCorkindale went on to say that the effect of the act is “practical” and that Scottish legislation is

“enforceable only against goods and services in Scotland”,

rather than those coming from elsewhere in the United Kingdom. There is nothing unreasonable about that—that is what the effect of UKIMA is.

I have another quote somewhere from David Thomson of the Food and Drink Federation, who said:

“we do not necessarily observe that the internal market act has had a chilling effect”.—[Official Report, Constitution, Europe, External Affairs and Culture Committee, 27 March 2025; c 4.]

He was referring to devolved policy making and innovation in policy at the Scottish level.

The problem with Angus Robertson’s position is that he does not accept the nature of the unitary state of the United Kingdom. His position—that the United Kingdom Parliament should not be able to create legislation that gives legal underpinnings to the internal market—is the fundamental stumbling block. I have presented academic and legal opinion that clearly defies everything that he has said this morning.

Constitution, Europe, External Affairs and Culture Committee [Draft]

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Stephen Kerr

I just believe that you have created—

Constitution, Europe, External Affairs and Culture Committee [Draft]

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Stephen Kerr

You are disputing that?

Constitution, Europe, External Affairs and Culture Committee [Draft]

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Stephen Kerr

I see, fair enough.

There is a necessary element of goodwill. You talked about goodwill at the beginning of the meeting. You expect the Labour Government to do your bidding. You want it to repeal the act, but the act is not going to be repealed. It is acknowledged in evidence that legal underpinnings for the single market are essential. Common frameworks are not a choice. You can have legal underpinnings and you can definitely have common frameworks.

We have not talked about intergovernmental relations, but given the written evidence that we have and what we have heard from the cabinet secretary this morning, I really do not have any more questions.

Constitution, Europe, External Affairs and Culture Committee [Draft]

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Stephen Kerr

They do not want it repealed.

Constitution, Europe, External Affairs and Culture Committee [Draft]

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 27 March 2025

Stephen Kerr

I suppose that that is a by-product of government and bureaucracy: a lot of things get caught in the weeds.

David, do you want to add anything about that seat at the table? If common frameworks are being worked up but you are not involved, that seems a bit odd.

Constitution, Europe, External Affairs and Culture Committee [Draft]

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 27 March 2025

Stephen Kerr

Marc and Mags, has David Thomson reflected what you think?

Constitution, Europe, External Affairs and Culture Committee [Draft]

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 27 March 2025

Stephen Kerr

Is there a bigger role for the office for the internal market? It seems to me that you think that it is a pretty good thing but that its potential may be unfulfilled.

Constitution, Europe, External Affairs and Culture Committee [Draft]

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 27 March 2025

Stephen Kerr

That is good.