Internal Market Act ‘must be repealed’

Deputy First Minister urges UK Government to restore Scottish Parliament’s full powers

Deputy First Minister Kate Forbes has urged the UK Government to “restore the democratic voice of the Scottish Parliament” by repealing the Internal Market Act and providing full restoration of powers that were removed by the previous UK administration. 

A Scottish Government Position Paper on the Internal Market Act 2020 published today says the Act should be repealed and replaced with a system built around the Common Frameworks approach and agreed by all devolved administrations and the UK Government.

Two votes in the Scottish Parliament, in October 2023 and February 2025, have called for the full restoration of the powers of the Scottish Parliament but have been ignored.

The new paper comes as the consultation period for the UK Government’s statutory review of the Internal Market Act concludes. The UK Government specifically ruled out repealing the Act before its consultation began. 

Ms Forbes said: “The Scottish Government’s position is clear, we must see the full restoration of the powers of the Scottish Parliament. The Internal Market Act should be repealed and the UK Government must work with the devolved governments to deliver an agreed and workable alternative.

“The Act was imposed by the previous UK Government without the consent of any devolved legislature. It remains the single greatest impediment to more effective and respectful intergovernmental relations.

“Neither the Scottish Parliament nor any of the other devolved legislatures gave their consent to the Act. It has introduced radical uncertainty as to the effect of devolved laws, effectively introducing a far-reaching and unpredictable new constraint on the powers of the Scottish Parliament.

“It also provides UK Ministers with an open-ended power effectively to nullify laws passed by a democratically elected – and accountable – legislature.

“It is deeply regrettable that the UK Government explicitly ruled out repealing the Internal Market Act before it began the review process and consultation but this new paper offers them an opportunity to work with the Scottish Government to restore the democratic voice of the Scottish Parliament.”

Scottish Government Position Paper on the Internal Market Act 2020

Half a million Scots missing out on benefits

Social Security Minister Jeane Freeman met local councils yesterday to discuss the practical steps needed to encourage more people to claim the financial support they are entitled to. It is estimated that in 2014/15, for tax credits and the main income-related benefits, there could be over 500,000 cases of individuals or families in Scotland not claiming benefits they were entitled to.

The round-table in Edinburgh was also attended by Alex Rowley MSP and Cllr Kelly Parry, Community Wellbeing Spokesperson for local authority umbrella group COSLA.

Ms Freeman said: “Social Security is a human right. That is the foundation for the social security system we are building for Scotland and making sure that everyone gets the financial support they are entitled to is one of the first steps towards putting dignity and respect at the heart of social security in Scotland.

“In Scotland today there are still many people on low incomes who are not claiming the benefits that are theirs by right. That might be because they don’t know what they are entitled to, or it could be the system is too complex. Whatever the reasons, we need to understand them and work out how they can be overcome.

“That will take both Scottish and local government working together. Local authorities have important experience in understanding what works at a local level. So it makes complete sense to work together on a coordinated approach that nationally and locally, actively encourages benefits take up. I am grateful to Alex Rowley MSP for his work and his support in, highlighting the critical issue of making sure people receive the support to which they are entitled.”

Councillor Kelly Parry COSLA spokesperson for Communities added: “Ensuring everyone in Scotland claims the support they are entitled to is something councils and our local partners have been involved in for many years.

“Councils expertise and local knowledge has played a huge part in efforts to maximise incomes for Communities across the country. Collaborative working, and sustained joint effort, will make a real difference to people all across Scotland.”

Through the Scotland Act 2016, the following benefits will be devolved to Scotland:

Group Benefit Main Purpose
For carers, disabled people  and those who are ill.   Attendance Allowance To help with personal care for individuals aged 65 or over with a physical or mental disability.
Carer’s Allowance To help an individual look after someone with substantial caring needs. To be eligible the individual must be 16 or over and spend at least 35 hours a week caring for someone.
Personal Independence Payment (PIP) Helps with some of the extra costs caused by long-term ill-health or disability for individuals aged 16 to 64.  This is a replacement for DLA for working age individuals.
Disability Living Allowance (DLA) Help if your disability or health condition means either:

  • You need help looking after yourself
  • You have walking difficulties

DLA is closed to new working age claimants and being replaced by PIP.

Industrial Injuries Disablement Benefit For individuals who are ill or disabled as a direct result of an accident or disease caused by work or while attending an approved employment training scheme or course.
Severe Disablement Allowance Was for working-age individuals who are unable to work due to illness or disability. SDA is closed to new entrants.
Currently part of the Regulated Social Fund Cold Weather Payment A payment for individuals on certain benefits when the temperature is either recorded as, or forecasted to be, an average of zero degrees Celsius or below over seven consecutive days.
Funeral Expenses For individuals on low income and needing help to pay for a funeral they are arranging.
Sure Start Maternity Grant Introducing a new Best Start Grant which will see support for qualifying families increase from the £500 payable only for the first child under the existing UK Government Sure Start Maternity Grant to £1,100 for the first child and £800 for second and subsequent children over  three payments during a child’s early years.
Winter Fuel Payment A tax-free payment to help pay for heating bills if you were born on or before July, 5 1952 (Current State Pension Age for women).
Other Discretionary Housing Payments Additional help for those in receipt of Housing Benefit and having difficulty meeting their rent payments. Paid at the discretion of the Local Authority.
Job Grant A new Job Grant which will be a payment of £100 or £250 for people with children plus a three months bus pass for  16-24 year olds who have been claiming benefit for six months or more and are starting work.

The following benefits will remain reserved to UK Government:

  • Universal Credit
  • Contributory Job Seekers Allowance
  • Contributory Employment Support Allowance
  • Child Benefit
  • Maternity Allowance
  • State Pension
  • Pension Credit

 

Social Security consultation underway

Your opportunity to shape the benefits system in Scotland

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People across Scotland are being given the chance to help shape the country’s first ever social security system. The Scottish Government has launched a 13 week consultation looking for views on the benefits being devolved to Scotland, as well as how they are delivered. Continue reading Social Security consultation underway