łÉČËżěĘÖ

Skip to main content

Language: English /

Loading…

Chamber and committees

Official Report: search what was said in Parliament

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

Filter your results Hide all filters

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 5 May 2021
  6. Current session: 12 May 2021 to 29 April 2025
Select which types of business to include


Select level of detail in results

Displaying 2186 contributions

|

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I explicitly asked the witnesses who have come before the committee whether they want UKIMA to be repealed.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: 3 April 2025

Stephen Kerr

I am glad that Angus Robertson qualified his caricature of the previous UK Government, because on the whole, working relationships between ministers and officials was on par with what it is now. [Interruption.] Are you denying 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 am going on the evidence that was presented to the committee. I am going on the words of businessmen—businesspeople—business organisations and companies, which actually want the legal certainty that UKIMA gives them. Let me take the Scottish Retail Consortium as an example. It has talked about how

“Scottish Consumers benefit enormously from open and frictionless trade within the United Kingdom”.

There is NFU Scotland, which describes England as by far the most important market for Scottish agriculture and has stressed the importance of having certainty and legal underpinnings for that marketplace. The Confederation of British Industry Scotland said that

“the UK internal market underpins economic growth and investment stability.”—[Official Report, Constitution, Europe, External Affairs and Culture Committee, 27 March 2025; c 13.]

None of those witnesses advocated for the repeal of UKIMA.

I will not try to pretend that UKIMA is the perfect piece of legislation, nor am I someone who does not think that there is vast room for improvement in the way that Governments work together on our little island. However, I have to say that the evidence that we have had as a committee is not as dogmatic or as unilateral as your document is. Are you not just speaking for nationalism when you say that you are sticking up for one thing or another, instead of sticking up for Scottish businesses and Scottish jobs?

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Stephen Kerr

Well, that is—

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Stephen Kerr

Oh, I cannot continue?

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Stephen Kerr

Cabinet secretary, you spoke about good will. Having received the document last night and listened to you this morning, I find your position incredibly dogmatic. There is absolutely no compromise—it is dogmatic; it is straight down the line. That is not good will on your part, is it? It is bullying—it is about what you want and your insistence that you must have it.

Your position is inconsistent with the evidence that this committee has received. Your grandiose, extraordinary claim is that the internal market act is the greatest threat to devolution that has ever existed, but you are using it simply as the latest weapon in your constitutional warfare with the United Kingdom.

In this committee, we have heard business leaders, farmers and legal experts testify that the act brings stability, legal certainty and confidence for investment.

I ask you outright—is the Scottish Government’s opposition to UKIMA really about the outcomes, or is it all about posturing and optics?