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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.  

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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 5 May 2021
  6. Current session: 12 May 2021 to 26 April 2025
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Displaying 1370 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

Clare Adamson

Mr Adam, did you want to come in?

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Clare Adamson

Thank you very much, cabinet secretary. The UK internal market white paper stated that the principles constitute

“a legislative framework that will preserve the fundamental market access rights of business and citizens across the UK Internal Market”,

and that the system

“will replace the effect of the rules and mechanisms of the EU Single Market ... within the UK.”

What is your assessment of the extent to which UKIMA has replaced the rules and mechanisms of the European Union single market?

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Clare Adamson

Mr Kerr, we have now covered half an hour of our allotted time, and the cabinet secretary is short of time. I will bring you back in if time allows but will bring in some other members.

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Clare Adamson

Good morning, and a warm welcome to the 12th meeting in 2025 of the Constitution, Europe, External Affairs and Culture Committee. We have received apologies from Keith Brown and Alexander Stewart.

The only item on this week’s agenda is to take evidence for the final time as part of our inquiry to feed into the consultation for the UK Government’s review of the United Kingdom Internal Market Act 2020.

Before we begin, I should state that there is an active court case that is relevant to the committee’s inquiry—Biffa Waste Services Ltd v the Scottish ministers. Given that the case is active, we have sought the Presiding Officer’s permission to be able to refer to the deposit return scheme exclusion process today. The Presiding Officer has permitted discussion of the policy issues in order to enable scrutiny, while indicating that we should avoid direct comment on the specifics of the case. Any reference to the matter should be made within those parameters, and direct discussion of the court case is to be avoided.

I welcome Angus Robertson, the Cabinet Secretary for Constitution, External Affairs and Culture, and Euan Page, head of UK frameworks, Scottish Government. I thank the cabinet secretary for his letter earlier this week and for sight of the Scottish Government’s response to the UK Government’s review.

I invite the cabinet secretary to make a short opening statement.

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Clare Adamson

I have one more question. You mentioned our 2022 report on the UK internal market, in which we recognised that

“Common Frameworks ... have the potential to resolve the tensions within the devolved settlement through managing regulatory divergence on a consensual basis while facilitating open trade”.

Is there any evidence that that potential can be realised? Is there really an opportunity to improve how the act works in relation to common frameworks as part of that review?

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Clare Adamson

I have a couple more questions. The theme of a lot of the evidence that we have heard from business is that it wants to know what the pathway is, what the regulations will be and to have certainty, which is good for all business. Until very recently—that is, until Brexit—the conventions of devolution were, by and large, respected by both Governments.

09:45  

I go back to the evidence that we have taken on the Sewel convention and the strain that it has been under since that time. Given that we have moved from that way forward to the internal market act and that the position of “not normally legislate” has changed over the course of devolution, do we need to rely on more than just the convention and the relationships between the two Governments to ensure a way forward? How would you achieve such an aim?

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Clare Adamson

Thank you, cabinet secretary. We move to questions from committee members, and the first question is from Stephen Kerr.

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Clare Adamson

From my experience of dealing with the Scottish people, the devolved issues that they are interested in are health issues, environmental issues, animal welfare issues and so on. However, we have heard evidence of a “chilling effect”. In the current system, do you see a way to ensure that the lowest common denominator of regulation will not trump all the options that the devolution settlement has given Scotland, Wales and Northern Ireland?

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Clare Adamson

We have also taken evidence from the office for the internal market, which was necessarily set up as a result of UKIMA. In the evidence, we heard that the office is able to offer advice to businesses and to Governments when that is requested, although it cannot compel parties to take such advice on board. Is there space for an arbitrator with more powers to intervene when a deadlock situation happens, in order to fairly represent each Government’s position?

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

United Kingdom Internal Market Act 2020 (Consultation and Review)

Meeting date: 3 April 2025

Clare Adamson

No one wants the opportunity to ask a final question, so that concludes our session, cabinet secretary. I thank you for your attendance.

Meeting closed at 09:53.