Scotland Secretary Alister Jack’s has written to the First Minister, Nicola Sturgeon, about the UK Internal Market Bill:
11 September 2020
Dear Nicola,
I am writing to correct the false claims you have made about the UK Government’s Internal Market Bill, introduced to Parliament on Wednesday, 9 September.
As we’ve been clear, the Bill will protect and strengthen our internal market which is so vital to Scotland’s economy with 60 per cent of our exports, worth over £50 billion per year, going to other parts of the United Kingdom.
It will also create new opportunities for the UK Government, working with the Scottish Government, local authorities and other partners, to invest in Scotland.
That’s why I have described the Bill as a win-win for Scotland.
It is good for business, jobs and consumers. It will boost our economy and help us rebuild from the devastating effects of the coronavirus pandemic.
The Bill has now begun its passage through Parliament and will be debated at length in the weeks ahead.
In accordance with the Sewel Convention, the UK Government will seek a Legislative Consent Motion so the Scottish Parliament, also, will have the opportunity to consider our proposals.
Before this takes place, I wish to correct a series of assertions you have made about the Bill.
1. You have said the Bill will lead to a ‘race to the bottom’ in terms of food standards and environmental protections. That is emphatically not the case.
The UK is a world leader in food and environmental standards and that will not change.
Also, as you know, the UK Government and all devolved administrations have agreed a common framework on food and feed safety and hygiene law which clearly sets out the ‘rules and regulations related to the production and distribution of food and feed’. Guaranteeing our shared commitment to high standards across the UK.
The UK Government is proud of our record and keenly aware of the premium our high standards place on UK goods in overseas markets.
2. Similarly, your speculation that Scotland could be ‘forced to accept chlorinated chicken’ is unfounded.
As we have previously reminded Scottish Government ministers during discussions about the Bill, chlorine washed chicken is illegal in the UK. The UK Government has been clear we will not sign a trade deal that would compromise our high standards of food safety, animal welfare and environmental protection.
Of course, we recognise and welcome the Scottish Government’s commitment to high standards in these areas. Our shared view should be the basis of an agreed UK approach to high standards.
3. You also claimed the new spending power contained in the Bill could divert funding from schools and hospitals in Scotland. This is not the case.
Education and health are – and will continue to be – devolved to the Scottish Parliament and decisions on funding in those areas are for your Government to take. Scotland’s block grant is at a record level and the Barnett Formula will continue to operate as set out in the Statement on Funding Policy.
The UK Government’s spending power set out in the Bill will complement existing Scottish Government spending powers. This can only be a benefit to the people and businesses of Scotland.
They will enable us to spend money previously controlled by the EU to make strategic investments of UK-wide importance.
This is good news for the communities we serve and I am confident these new opportunities will be warmly welcomed by the people of Scotland.
4. You claim the Bill, had it been in place at the time, would have prohibited the Scottish Parliament from legislating to introduce a minimum price for alcohol. Again – as we have already made clear to Scottish Government ministers – this is incorrect.
Under the terms of the Bill, the Scottish Parliament would be able to introduce a minimum alcohol price provided, of course, it was not applied only to alcoholic drinks produced in certain parts of the UK.
5. You claim the Bill is ‘a naked power grab’ and ‘an attack on the powers of devolution’. It is not.
The Scottish Parliament will lose none of its existing powers. Indeed, as powers return from Brussels when we leave the Transition Period at the end of the year, scores of new responsibilities will flow to Holyrood.
It should be noted that your Government’s ambition to take Scotland out of the UK and into the EU would remove these powers from the Scottish Parliament. That is the only threat to Holyrood’s powers.
6. Finally, you claim the Bill would ‘break’ or ‘cripple’ devolution.
I’m afraid your Government is never less convincing than when it purports to champion a system it unashamedly wishes to overthrow.
Independence would destroy devolution, ending our system of two governments which was backed overwhelmingly by the people of Scotland in the referendums of 1997 and 2014.
The UK Government emphatically supports devolution and our Bill will strengthen the Scottish Parliament and create new opportunities for Scotland.
Your colourful description of the Internal Market Bill as ‘an abomination’ is deeply regrettable.
In my view, it would be abominable for the people of Scotland to be misinformed about a Bill which has such potential to improve lives and strengthen our country.
THE RT HON. ALISTER JACK MP SECRETARY OF STATE FOR SCOTLAND
Economy Secretary Fiona Hyslop has since written to the UK Government voicing concern at its plans for a post-Brexit internal market, saying it represents a threat to the Scottish economy.
Ms Hyslop said the proposed Internal Markets Bill will jeopardise Scotland’s food and drink sector, which has a world-renowned reputation for high standards and high quality products.
She also highlighted how the Bill will undermine the good progress made on common frameworks, the preferred means of managing policy difference across the UK when EU rules no longer apply.
Last month the Scottish Parliament considered the original proposals set out in the UK Government White Paper and voted overwhelmingly – by 92 votes to 31 – to reject them.
In her letter to Alok Sharma, Secretary of State for Business, Energy and Industrial Strategy, Ms Hyslop said:
“Coronavirus (COVID-19) is clearly currently the biggest challenge for business and the economy. Unnecessary legislation, which undermines devolution, on top of an entirely unnecessary end to the Brexit transition period will do nothing to protect or promote trade across the UK and beyond.
“If this legislation were already in place, Scotland would not have been able to lead the way on the ban on smoking in public, on introducing minimum unit pricing for alcohol, having rules on the marketing of raw milk consistent with the nature of the dairy sector in Scotland, or taking forward bans on the sale of plastic-stemmed cotton buds and microbeads in cosmetics.
“A linked concern is the prospect of the UK entering into future international trade agreements which might result in lower standard products being accepted into UK markets. Scotland’s world-leading food and drink sector, for example, is built on a reputation for the highest quality produce and nothing should be done to put that at risk.”
First Minister Nicola Sturgeon has urged smartphone users across Scotland to download NHS Scotland’s new contact tracing app to help suppress the spread of coronavirus (COVID-19).
The Protect Scotland app is now available to download for free via Apple and Google stores.
Supported by a dedicated Protect Scotland website, the app is an extra tool complementing existing person-to-person contact tracing which remains the main component of NHS Scotland’s Test and Protect system.
Individuals privacy will be protected as the app uses Bluetooth technology to anonymously alert users if they have been in close contact with someone who has tested positive for COVID-19, and advises them to self-isolate. Users of the app who test positive will still get a call from a contact tracer to confirm their details and who they have been in close contact with.
The app does not store details on an individual or their location but uses encrypted, anonymised codes exchanged between smartphones to determine all close contacts. Close contacts are defined as people who have been within two metres of someone who has tested positive for 15 minutes.
Built by software developers NearForm for NHS Scotland, the app uses the same technology as the Republic of Ireland and Northern Irish proximity tracing apps.
Sign up is entirely voluntary but strongly recommended for those with compatible smartphones.
First Minister Nicola Sturgeon said: “The launch of the app is a welcome development which will offer an additional level of protection – supporting NHS Scotland’s Test and Protect system as it works to drive down the spread of COVID-19 across the country.
“I would encourage everyone to download the free app if they have a compatible smartphone, and help slow the spread of COVID-19. This will support the work of NHS Scotland and has the potential to help avoid local lockdowns.
“The more people who download and use the app, the more effective it can be in helping to make connections that may otherwise have been missed. This will allow people to self-isolate quickly if they are exposed to the virus, reducing the risk of them infecting others.
“We all have a part to play in suppressing the virus, and downloading the app – alongside other vital measures such as following hygiene and physical distancing guidance – will help protect you, your family and your community.
“We also know that not everyone uses a smartphone or will be able to or want to access the app, which is why this software is very much there to complement existing contact tracing methods.”
Cian Ó Maidín, CEO, NearForm said: “We’re delighted to partner with NHS Scotland on the Protect Scotland app which puts power in citizens’ pockets to join the fight against COVID-19.
“This open source technology was built with privacy and data protection at its core and, through anonymous keys, allows Scottish citizens to engage, protect each other and break transmission chains.
“The Scottish Government has taken a great approach, using open source software, that has been peer reviewed and rolled out successfully in Ireland and Northern Ireland.”
Since launching last night, the app has already been downloaded more than 600,000 times.
SNP MSP Gordon MacDonald said: “The Scottish Government has now launched the ‘Protect Scotland’ proximity tracing app, to help stop the spread of the Covid-19 virus and complement the person-to-person approach of Test and Protect.
“The app – which takes less than a minute to download – will allow us to alert people at risk far more quickly, so that we can all take steps to reduce the risk of infecting others.
“Scotland’s official contact tracing app will help us all to protect ourselves, our family, our friends and our community by enabling faster contact tracing.
“The more people who have the app, the more it can help to slow the spread of Coronavirus.
“That’s why I’m urging people in Edinburgh to download the app, and let’s all protect Scotland.”
For more information on the Protect Scotland app visit www.protect.scot
Maximum gathering set at six people from two households
Indoor and outdoor gatherings revised to keep virus under control
The number of people who can gather together, indoors or outdoors, will be set at maximum of six from two households.
Moves announced yesterday by First Minister Nicola Sturgeon will be enforced from Monday (14 September), but people are urged to ‘abide by these stricter new limits immediately.’
Children under 12 from within the two households will not be counted in the new limit of six people.
The restrictions do not apply where there is other sector specific guidance in force, for example for gyms, for childcare or for organised sports, and there will be some other limited exceptions for larger households, education, and places of worship. It does apply to hospitality.
Along with these new measures, the First Minister also confirmed that Scotland will not move out of Phase 3.
As a result of a rise in coronavirus (COVID-19) infections, route map changes that had been given a conditional, indicative start date of Monday (14 September) – conditional on progress against the epidemic – have now been given the new indicative date of Monday 5 October.
A final decision will be taken nearer the time on confirming this new indicative date.
The measures announced yesterday are:
group gatherings will only be allowed to a maximum of six people from two households in both indoor and outdoor settings, with limited exemptions (becoming law from Monday 14 September)
face coverings must be worn in hospitality settings, apart from during the service of food and drink, with hospitality staff following the similar rules as retail staff (from Monday 14 September)
up to 20 people will still be able to attend funerals, weddings and civil partnerships ceremonies, with the limit permitted for wakes and receptions rising to 20 in line with this, as long as they take place in regulated venues like hotels with strict guidance in place (from Monday 14 September)
route map moves expected from Monday (14 September) are given a new indicative date of Monday 5 October
The First Minister said: “I am asking people to abide by these stricter new limits on gatherings immediately.
“In recent weeks, we have reopened significant parts of our economy. People are meeting up more, going out more, and travelling more. All of that is positive.
“But as we released ourselves from lockdown, we also released the virus. Rather than the threat to public health receding, the pandemic is accelerating again – albeit, and thankfully, from a low base and not as rapidly.
“The hospitality industry has put a lot of effort into creating safe spaces for people to meet. We hope that reducing the risk of transmission in hospitality settings through the use of face coverings and reducing group numbers will help keep the sector open.
“Unfortunately, the route map changes that had been given an indicative date of Monday, conditional on the progress of the epidemic, must be paused for a further three weeks. I must stress this remains an indicative date and a final decision can only be taken nearer the time.
“It is important we don’t lose sight of the objective to keep infection levels as low as possible. It is not a virus anyone should be relaxed about getting.
“I know that after six long, hard months, we are still asking the public to make a lot of difficult sacrifices. That is unavoidable, given the nature of the challenge we face.
“However, I want to be clear that while we still face a battle to get and keep COVID under control, we are in a stronger position than earlier in the year.”
The new measures do not overrule measures implemented for localised restrictions.
Prime Minister Boris Johnson’s statement at the coronavirus press conference yesterday (Wednesday 9 September).
Good afternoon,
Welcome back to Downing Street for an update on coronavirus as we enter autumn and approach winter.
I will first hand over to Chris to take us through the latest data before I set out how we are responding to it.
Thank you Chris. It is clear from that very powerful graphic that we must act.
The most important thing every one of us must do is remember the basics:
First, wash your hands, regularly and for 20 seconds. Don’t get back into old habits, it is so vital.
Second, wear a face covering over your mouth and nose if you are in an enclosed space and in close contact with people you don’t normally meet. I know wearing a face covering feels odd to some people and I understand that. But face coverings do make it harder for the virus to spread – so please, wear one to protect others.
Third, make space. Always stay 2 metres away from people you don’t live with – or 1 metre with extra precautions, like extra ventilation, screens, or face coverings.
Fourth, if you have COVID symptoms, get a test and self-isolate. We are now processing 1.2 million tests a week. To date we have carried out 15.4 million antigen tests – that’s more than any other country in Europe, and more per head than other European countries like Germany and Spain.
We are increasing our testing capacity further to meet rising demand. You can help by only booking a test if you have a fever, a new continuous cough, or you’ve lost your sense of taste or smell – if you don’t have those symptoms and haven’t been asked to book a test, please don’t.
So those are the basics – hands, face, space – and get a test if you have COVID symptoms.
Since the pandemic began, we have asked you to reduce your social contact and limit your interactions with friends and family.
I know that, over time, the rules have become quite complicated and confusing. We have spoken to police officers about what they need for an effective enforcement regime and of course, listened to the feedback from you, the public.
In response, we are simplifying and strengthening the rules – making them easier for you to understand and for the police to enforce.
I should stress that if we are to beat the virus then everyone, at all times, should limit social contact as much as possible and minimise interactions with other households. It is safer to meet outdoors and you should keep your distance from anyone you don’t live with, even if they are close friends or family.
So in England, from Monday, we are introducing the rule of 6. You must not meet socially in groups of more than 6 – and if you do, you will be breaking the law.This will apply in any setting, indoors or outdoors, at home or in the pub.
The ban will be set out in law and it will be enforced by the police – anyone breaking the rules risks being dispersed, fined and possibly arrested.
This single measure replaces both the existing ban on gatherings of more than 30 and the current guidance on allowing 2 households to meet indoors. Now you only need to remember the rule of 6.
There will be some limited exemptions. For example, if a single household or support bubble is larger than 6, they can still gather.
COVID Secure venues like places of worship, gyms, restaurants and hospitality venues can still hold more than 6 people in total. Within those venues however, there must not be individual groups larger than 6, and groups must not mix socially or form larger groups.
Education and work settings are unaffected, COVID Secure weddings and funerals can go ahead, up to a limit of 30 people, and organised sport will still be able to proceed.
As we have found on previous occasions, this rule of 6 will of course throw up difficult cases. For example, two whole households will no longer be able to meet if they would together exceed the limit of 6 people.
I am sorry about that and I wish that we did not have to take this step. But, as your Prime Minister, I must do what is necessary to stop the spread of the virus and to save lives.
We will of course keep the rule of 6 under constant review and only keep it in place as long as it’s necessary.
I also want to see – and the public wants to see – stronger enforcement of the rules which are already in place. So I’ve have tasked the Cabinet with increasing enforcement and I would like to thank the police, as always, and other authorities for the work they are doing to keep us all safe.
In future:
Premises and venues where people meet socially will be legally required to request the contact details of a member of every party, record and retain these details for 21 days, and provide them to NHS Test & Trace without delay when required.
We will support local authorities to make further and faster use of their powers to close venues that are breaking the rules and pose a risk to public health.
Fines will be levied against hospitality venues that fail to ensure their premises remain COVID Secure.
We will boost the enforcement capacity of local authorities by introducing COVID Secure Marshalls to help ensure social distancing in town and city centres, and by setting up a register of Environmental Health Officers that local authorities can draw upon for support.
We will simplify the Passenger Locator Form needed for travelling to the UK, and take measures to ensure these are completed and checked before departure.
Border Force will step up enforcement efforts at the border to ensure arrivals are complying with the quarantine rules.
We will also restrict the opening hours of premises, initially in some local areas.
At the present time we must also, I’m afraid, revise plans to pilot larger audiences in venues later this month and review our intention to return audiences to stadiums and conference centres from 1 October. That doesn’t mean we’re going to scrap the programme entirely it just means we are going to review and abridge it, and the Culture Secretary will say more shortly.
Let me be clear – these measures are not a second national lockdown – the whole point of them is to avoid a second national lockdown. By bearing down on social contact and improving enforcement, we can keep schools and businesses open, in the knowledge they are COVID Secure.
I have always said schools and colleges should only ever be shut again as a very, very last resort. As the Chief Medical Officer and Chief Scientific Adviser have said, the long term risks to children’s life chances of not going to school are significant and far greater than the health risks of going back to school.
Indeed it’s been fantastic to see so many children back in school this term and I want, once again, to thank all our teachers, and to reassure parents and pupils that schools are safe.
University terms will also begin soon. Opening universities is critical, again, for students’ life chances and, again, the health risks to individuals are low.
Of course, many university students are in the age bracket where we have seen the infection rates rise recently as Chris was just explaining. My message to students is simple. Please, for the sake of your education and your parents’ and your grandparents’ health: wash your hands, cover your face, make space, and don’t socially gather in groups of more than 6, now and when term starts.
Today the Department for Education is publishing updated guidance for universities on how they can operate in a COVID Secure way, including a clear request not to send students home in the event of an outbreak, so as to avoid spreading the virus across the country. I am very grateful to universities for their continued cooperation and planning for the return of students.
The measures I have set out today will help us control the virus but won’t, on their own, be enough to allow a more significant return to normality.
Patrick is going to set out in a moment where we are on vaccines and treatments in a moment, but we are not there yet and there are no guarantees.
So over the summer, we have therefore been working up an alternative plan which could allow life to return closer to normality. And that plan is based on mass testing.
Up to now, we have used testing primarily to identify people who are positive – so we can isolate them from the community and protect high risk groups. And that will continue to be our priority. We are working hard to increase our testing capacity to 500,000 tests a day by the end of October.
But in future, in the near future, we want to start using testing to identify people who are negative – who don’t have coronavirus and who are not infectious – so we can allow them to behave in a more normal way, in the knowledge they cannot infect anyone else with the virus.
And we think, we hope, we believe that new types of test which are simple, quick and scalable will become available. They use swabs or saliva and can turn round results in 90 or even 20 minutes. Crucially, it should be possible to deploy these tests on a far bigger scale than any country has yet achieved – literally millions of tests processed every single day.
That level of testing would allow people to lead more normal lives, without the need for social distancing:
Theatres and sports venues could test all audience members on the day and let in those with a negative result, all those who are not infectious. Workplaces could be opened up to all those who test negative that morning and allow them to behave in a way that was normal before COVID.
Those isolating because they are a contact, or quarantining after travelling abroad, could after a period be tested and released. Now that is an ambitious agenda, but we are going to pilot this approach in Salford from next month, with audiences in indoor and outdoor venues. And then we hope to go nationwide.
There are a number of challenges. We need the technology to work. We need to source the necessary materials to manufacture so many tests. We need to put in place an efficient distribution network. And we need to work through the numerous logistical challenges.
And as I say, we are not there yet, and I should repeat that, as we manage this period of high demand, it is especially important that if individuals don’t have symptoms, and have not been specifically advised to take a test, they should not be coming forward for a test – because they could be taking a test away from someone who really needs it.
Our plan – this moonshot that I am describing – will require a giant, collaborative effort from government, business, public health professionals, scientists, logistics experts and many, many more.
Work is underway – and we will get on at pace until we get there, round the clock.
We are hopeful this approach will be widespread by the spring and, if everything comes together, it may be possible even for challenging sectors like theatres to have life much closer to normal before Christmas.
But as I have said before, all this progress is contingent on continued scientific advances and though we’re hopeful, I cannot 100% guarantee that those advances will be made.
That is why it is so important that we take these tough measures now.
I believe we will continue to drive this virus down and that we will beat this virus before too long.
So let’s work together and follow the rules: meet in groups of no more than six. Wash your hands, cover your face, and make space.
I will now hand over to Patrick to set out the latest on vaccines and treatments, and then we’ll go to questions from the public and the media.
Bill introduced ‘to protect jobs and trade across the whole of the United Kingdom’
Bill introduced to protect trade and jobs across the UK by preventing new burdens on business when the Transition Period ends
transfer of powers from the EU to the UK government to invest in businesses and communities across Scotland, Wales, and Northern Ireland as we recover from Covid-19
a new independent Office for the Internal Market (OIM) to be set up within the Competition and Markets Authority to monitor the smooth running of trade within the United Kingdom
the Bill will also set out limited and reasonable steps ensure that the government is always able to deliver on its commitments to the people of Northern Ireland
A new Bill to protect jobs and trade across the whole of the United Kingdom after the Transition Period ends will be introduced to Parliament today.
The UK Internal Market Bill will ‘guarantee companies can trade unhindered in every part of the UK as they have done for centuries, ensuring the continued prosperity of people and business across 4 parts of the UK, while maintaining our world-leading high standards for consumers, workers, food, animal welfare and the environment’ says the UK Government – but if enacted the Bill breaks international law.
From 1 January 2021, powers in a range of policy areas previously exercised at an EU level will flow directly to the devolved administrations in Holyrood, Cardiff Bay and Stormont for the first time. This will give the devolved legislatures power over more issues than they have ever had before, including over air quality, energy efficiency of buildings and elements of employment law, without removing any of their current powers.
Once the Transition Period ends, rules that have regulated how each home nation trades with each other over the past 45 years will fall away. Without urgent legislation to preserve the status quo of seamless internal trade, rules and regulations set in Scotland, England, Wales and Northern Ireland could create new barriers to trade between different parts of the UK, unnecessary red tape for business and additional costs for consumers. Data shows that the combined total sales from Scotland, Wales and Northern Ireland to the rest of the United Kingdom were worth over £90 billion in 2018.
The Bill will ‘avoid this uncertainty for business by creating an open, fair, and competitive market across the United Kingdom, ensuring regulations from one part of the country will be recognised in another’. Each devolved administration will still be able to set their own standards as they do now, while also being able to benefit from the trade of businesses based anywhere in the UK. The rules in this bill will also bind the UK government when acting on behalf of England in areas of devolved competence.
Business Secretary Alok Sharma said: “For centuries the UK’s internal market has been the cornerstone of our shared prosperity, delivering unparalleled stability and economic growth across the Union.
“This Bill will protect our highly integrated market by guaranteeing that companies can continue to trade unhindered in every part of the UK after the Transition Period ends and EU law falls away.
“By providing clarity over rules that will govern the UK economy after we take back control of our money and laws, we can increase investment and create new jobs across the United Kingdom, while our maintaining world-leading standards for consumers, workers, food and the environment.
“Without these necessary reforms, the way we trade goods and services between the home nations could be seriously impacted, harming the way we do business within our own borders. Now is not the time to create uncertainty for business with new barriers and additional costs that would trash our chances of an economic recovery.”
The Bill will also enable the UK government to provide financial assistance to Scotland, Wales, and Northern Ireland with new powers to spend taxpayers’ money previously administered by the EU. From January 2021, the UK will be able to invest in communities and businesses nationwide with powers covering infrastructure, economic development, culture, sport, and support for educational, training and exchange opportunities both within the UK and internationally – much of which were previously done at an EU level.
The transfer of powers from the EU to the UK government will complement and strengthen existing support given to citizens in Scotland, Wales, and Northern Ireland by the devolved administrations, without taking away their responsibilities. A strong UK Internal Market, with the ability of the UK government to invest to support all parts of our Union, will help the UK government to deliver prosperity for businesses and communities across all parts of the UK, levelling up the country and strengthening the Union.
The proposals will allow the UK government to meet its commitments to deliver replacements for EU programmes, such as a UK Shared Prosperity Fund, replacing bureaucratic EU structural funds and at a minimum match the size of those funds in each nation.
The Bill will also set out limited and reasonable steps to ensure that the government is always able to deliver on its commitments to the people of Northern Ireland. The UK government remains fully committed to implementing the Withdrawal Agreement and Northern Ireland Protocol.
However, at all stages we must, as a responsible government, ensure that we have the ability to uphold our commitments to the people of Northern Ireland, preserve the huge gains of the peace process and protect Northern Ireland’s place in our United Kingdom – as set out in the Command Paper published in May.
Chancellor of the Duchy of Lancaster Michael Gove said: The devolved administrations of the UK will enjoy a power surge when the Transition Period ends in December. Holyrood, Stormont and Cardiff Bay will soon have more powers than ever before and there will be no change to the powers the devolved administrations already have.
“This Bill will also give the UK government new spending powers to drive our economic recovery from COVID-19 and support businesses and communities right across the UK.
“No longer will unelected EU bodies be spending our money on our behalf. These new spending powers will mean that these decisions will now be made in the UK, focus on UK priorities and be accountable to the UK Parliament and people of the UK.”
The UK government has also laid out plans to establish an independent monitoring body, the Office for the Internal Market (OIM), to support the smooth running of trade within the United Kingdom.
The body will sit within the Competition and Markets Authority (CMA) and provide independent, technical advice to parliament and the devolved administrations on regulation that may damage the UK’s internal market.
The reporting and monitoring role undertaken by the OIM will be non-binding and carried independently from ministers and devolved administrations, ensuring impartiality and transparency when developing its evidence.
Where there is a matter of dispute, the OIM will ultimately provide such reports to the UK Parliament and each of the devolved legislatures and it will be for these bodies, supported by their respective administrations and intergovernmental processes, to determine how to take action in response, minimising the need to seek court action.
Andrea Coscelli, CEO of the Competition and Markets Authority, said: The new independent Office for the Internal Market will stand ready to provide technical advice to the UK government and parliament and the devolved administrations and legislatures on the smooth running of trade within the United Kingdom. The CMA will ensure that the OIM fulfils its role with professionalism, impartiality and analytical rigour.“
Without this action to preserve the status quo of seamless domestic trade, businesses across the UK could face serious problems: a Welsh lamb producer could end up unable to sell their lamb in Scotland, or Scotch whisky producers could lose access to supply from English barley farmers. These proposals create certainty for businesses that might otherwise face a complex and increasingly fragmented regulatory environment.
The UK’s existing high standards across areas including environmental standards, workers’ rights, animal welfare and food standards will underpin the functioning of the Internal Market to protect consumers and workers across the economy. The UK government is committed to maintaining high standards in these areas, including in all free trade agreement negotiations.
More than 270 businesses, charities, academics and industry groups responded to a public consultation on the proposals, launched in July. Responses showed overwhelming support from businesses for the measures to avoid additional costs to doing business between different parts of the UK and providing vital certainty for firms from January 2021.
Try as they may to sell the Bill, the Westminster government’s decision to renege on parts of the agreement previously negotiated with the EU will see the UK set on a collision course with Brussels, making a ‘No Deal’ Brexit increasingly likely.
The controversial decision has seen the UK Government’s most senior lawyer quit his post over the plans to modify the Brexit withdrawal agreement. It is understood Sir Jonathan Jones, permanent secretary to the UK Government Legal Department, is unhappy with the new bill to be unveiled today – a Bill which government minister Brandon Lewis admits will ‘break international law’.
The Scottish Government has said it is impossible to recommend the Scottish Parliament gives consent to the UK Government’s Internal Market bill.
The bill, which will be published by the UK Government tomorrow, engages the Sewel Convention, and therefore the UK’s constitutional rules require the consent of Holyrood.
Constitution Secretary Michael Russell said if the UK Government refuses to respect the will of the Scottish Parliament it will demonstrate once more that the UK’s constitution provides no protection to the devolution settlement and the UK Government can ignore the rules whenever it chooses.
Mr Russell said there is no mechanism to challenge such disregard for accepted practice, demonstrating the UK is “not a genuine partnership of equals”.
Mr Russell said: “It beggars belief that the UK Government is asking the Scottish Government to recommend consent to the Internal Market Bill. This is not a genuine partnership of equals and we couldn’t recommend consent to a Bill that undermines devolution and the Scottish Parliament, and which, by the UK Government’s own admission, is going to break international law.
“This is a shabby blueprint that will open the door to bad trade deals and unleashes an assault on devolution the like we have not experienced since the Scottish Parliament was established. We cannot, and will not, allow that to happen.
“It will open the door to a race to the bottom on food standards, environmental standards and will endanger key public health policies such as minimum unit pricing. It will also deliver a hammer blow to the Scottish economy by making it harder for the UK Government to conclude Free Trade agreements if other countries think the UK won’t meet its obligations.
“As each day passes, it becomes clearer that the people of Scotland deserve the right to choose a better direction, to determine their own future. That is why, before the end of this parliament, we will set out the terms of a future independence referendum clearly and unambiguously to the people of Scotland, in a draft referendum bill.”
Scotland’s leading pro-EU organisation, the European Movement in Scotland, today condemns the UK Government’s Internal Market Bill as both a breach of faith with the EU and an assault on Scotland’s democratic devolved settlement.
In a strongly worded letter sent to Ursula von der Leyen, European Commission president, and other leading EU figures, EMiS says it disassociates itself entirely from the UK’s “reckless behaviour” that “puts at risk the rule of law” and “threatens peace on the island of Ireland.”
At the same time, EMiS vice-chair David Clarke condemns the bill’s proposal to confer sweeping powers on UK ministers over the devolved administrations in Scotland, Wales and Northern Ireland without any control by MPs, MSPs etc.
He says: “The Scottish Parliament and the Scottish Government are having their powers cut against the democratic will of the voters of Scotland. This Bill is an assault on democracy.”
The full letter , also sent to Michel Barnier, EU chief Brexit negotiator, Charles Michel, European Council president, and David Sassoli, European Parliament president, is attached in full:
Dear President Von der Leyen,
I am writing on behalf of the hundreds of members and supporters of the European Movement in Scotland to let you, and all our EU friends and partners, know that we dissociate ourselves entirely from the reckless behaviour of the United Kingdom Government.
We share the view of the European Union that the Internal Market Bill is a breach of the undertaking in the Withdrawal Agreement to negotiate in good faith. It puts at risk the rule of law, it jeopardises arrangements for the continuation of peace on the island of Ireland and makes more likely a no deal outcome to the EU/UK trade negotiations. We utterly condemn this disgraceful and underhand proposal and support the EU’s demand that international law is upheld. It is not in our name.
In addition, we want to express our concern that the democratic settlement in Scotland is being undermined by this same legislation. As analysis by the Centre on Constitutional Change makes clear, the Internal Market Bill gives UK ministers new powers to control a wide range of devolved matters.
The devolved nations are to have no role in defining the internal market. UK Ministers will gain sweeping powers and can get more, through statutory instrument rather than fully scrutinised primary legislation.
The mutual recognition principle in the Bill means that goods, services and professionals meeting the standards of any part of the UK can be traded or work in all the others, and as England is by far the largest part, and the UK Government sets the rules there, it will decide. This is not a partnership of equals.
Further powers are given to UK ministers to spend in devolved areas. UK ministers can also decide the conditions of such spending. So the UK will gain more powers and it will exercise them on its own. There is no equivalent in the UK to the binding subsidiarity and proportionality principles in the EU. The Scottish Parliament and the Scottish Government are having their powers cut against the democratic will of the voters of Scotland. This Bill is an assault on democracy.
We in the European Movement in Scotland campaign relentlessly for membership of Scotland, and the wider UK, in the EU and for EU values of democracy, the rule of law, international solidarity etc. You will know that the voters of Scotland chose by a significant majority in the 2016 referendum to Remain in the EU. We ask that our friends and partners in Europe leave a light on for Scotland’s European future.
I am writing in similar terms to M. Barnier, to the President of the European Council and to the President of the European Parliament.
The report, published in June, made a number of recommendations about supporting those claiming Universal Credit, as well as legacy benefits and those with no recourse to public funds due to their immigration status.
It also made recommendations on the HSE and called on the DWP to develop a strategy for dealing with the effects of the economic downturn.
Committee Chair Stephen Timms MP has now written to the Secretary of State Thérèse Coffey MP to press the Department on a number of points not addressed by the Government response.
Rt Hon Stephen Timms MP, Chair of the Work and Pensions Committee, said: “We don’t necessarily expect the Government immediately to accept every recommendation we make. But we do expect that it will at least explain its position. This response to our report leaves many questions unanswered.
“In the course of our inquiry, we heard concerns that the Government’s very welcome increases to some benefit rates would be undermined by the benefit cap. Ministers assured us in April that only a small number of people would be affected. In fact, DWP’s own statistics show that 84,000 households were newly capped between February and May this year.
“The Secretary of State also assured the House in May that she was looking very carefully at what could be done for people who had mistakenly applied for Universal Credit and left themselves worse off as a result. We recommended that the Government act urgently to put this right. It now seems that nothing is going to be done for these people. If that’s the case, the Government should say so clearly, and explain why.
“Just as importantly, there seems to be little acknowledgement of the role of the Department in planning for future pressure on the social security system. There needs to be a firm commitment to analysing how coronavirus has affected levels of poverty and a clear strategy—available for public scrutiny— for coordinating the employment response to the economic downturn.”
New legislation which would incorporate the United Nations Convention on the Rights of the Child (UNCRC) into Scots law and allow children to take public authorities to court for breaches of their rights is to be considered by a Holyrood Committee.
The Bill legally obliges public authorities – including Scottish Ministers – to respect children’s rights, placing them under a duty not to act incompatibly with the UN Convention, while Ministers will also be required to make a Children’s Rights Scheme to set out how it will comply with the duty.
Children and representatives acting on their behalf will be able to challenge public authorities in court for infringing their rights, and the new legislation will allow the courts to strike down legislation that is incompatible with any UNCRC requirements.
The Bill also provides new powers to the Children and Young People’s Commissioner in Scotland (CYPCS) to litigate in the public interest, which would enable the Commissioner to take cases to court on behalf of children and provide advice to courts about the Convention.
Committee Convener, Ruth Maguire MSP, said: “The UNCRC is the most widely ratified human rights treaty in the world and this Bill aims to incorporate the treaty into domestic law so that all children in Scotland – whatever their ethnicity, gender, religion or abilities – have their rights respected.
“We want to hear from children and young people, as well from public authorities and third sector organisations, about whether they think this legislation will make it easier for children to access and enforce their rights.
“Children have different experiences and backgrounds, so we want to explore the existing barriers which currently prevent young people from making sure their rights are respected.
“We also want to consider whether the Bill goes far enough and if there is anything more that can be done to make children’s rights stronger in Scotland.”
The closing date for responses to the committee, which is expected to be designated lead committee for stage one of the Bill, is Friday 16 October 2020.
The UNCRC was adopted by the General Assembly of the 1989 and ratified by the UK Government in 1991. Since then the UK has been obliged under international law to give effect to the rights set out in the UNCRC.
It sets out the civil, political, economic, social and cultural rights that all children are entitled to and is the most widely ratified human rights treaty in the world. The rights in the UNCRC, which consists of 54 articles, are guaranteed to every child whatever their ethnicity, gender, religion, language, abilities or any other status.
The UK has also signed two out of three optional protocols: (1) on the involvement of children in armed conflict; and (2) on the sale of children, child prostitution and child pornography.
The third optional protocol, which allows complaints to be made to the UN Committee on the Rights of the Child, has not yet been signed by the UK.
While the UK is bound by the UNCRC in international law, because the UNCRC has not been incorporated into domestic law, those rights are not part of the law which can be enforced directly in Scottish courts.
Lothian MSP, Miles Briggs, has said that the development of Edinburgh City Bypass must be a priority in the Scottish Government new national infrastructure investment plan, due to be published this month.
This week at the Scottish Parliament the First Minister Nicola Sturgeon said that the Scottish Government would “set out the framework for £32 billion of infrastructure investment over the next five years.”
In May 2018, Miles Briggs MSP held a Members debate in the Scottish Parliament where the then Transport secretary Humza Yousaf that the Edinburgh City Bypass was a priority for the Scottish Government (link).
In June 2018 the now Transport Secretary Michael Matheson declined to give a timetable for when Edinburgh City Bypass would be developed to address overcapacity issues.
Two years since the promise of a review into the strategic importance of the A720 Edinburgh City Bypass and there has still been no progress made.
Edinburgh City’s bypass over congestion is an issue that Miles has campaigned on since his election in 2016.
Lothian MSP, Miles Briggs, said:“Lothian residents and businesses are increasingly concerned that SNP Ministers are not demonstrating the urgency required to avoid the bypass becoming gridlocked in future as usage will continue to grow and grow.
“Overcapacity issues on the bypass must be a national transport priority for this government and they must bring forward detailed new plans to improve this key trunk road.
“SNP Ministers have been delaying the development of this much needed infrastructure for residents and commuters in Edinburgh and the Lothians.
“The development of Edinburgh City Bypass must be part of the new national infrastructure investment plan.”
SNP MSP Gordon MacDonald has welcomed a new £60million Youth Guarantee announced in the Programme for Government, which guarantees everyone in Edinburgh aged 16-24, a job, a place in education or a place in training.
The new partnership between the Scottish Government and Scotland’s employers is backed by £60 million of government investment, which will be broken down as follows:
£30 million through local authorities to help local partnerships to deliver employability support for young people
£10 million to create additional opportunities in colleges
£10 million additional funding for Developing the Young Workforce, the Scottish Government’s internationally recognised Youth Employment Strategy
£10 million to support pathways to apprenticeships
This autumn, the Scottish Government will also launch the National Transition Training Fund, which is backed by initial funding of £25 million and will help up to 10,000 people of all ages retrain for jobs in growth sectors.
SNP MSP for Edinburgh Pentlands, Gordon MacDonald,said: “Governments have rightly taken unprecedented steps to protect workers and businesses through this pandemic, but it’s vital that young people are not left behind.
“This SNP government is absolutely determined that youth unemployment will not become the legacy of the Coronavirus pandemic.
“The new £60 million Youth Guarantee, announced in the First Minister’s Programme for Government, will guarantee every young person inEdinburgh aged 16-24 a job, a place in training, or a place in education.
“This is backed by additional funding for employers to recruit and retain apprentices, and the new Job Start Payment to help with the costs associated with starting a new job.
“I urge all employers who are able, to work with the Scottish Government to create more opportunities that recognise the valuable contribution our young people have to make in growing our economy.
“These steps to support for those most adversely affected by the Covid-19 pandemic are most welcome, and the SNP will continue to work to ensure every young person in our capital is given the opportunity to succeed”
Ensuring Scotland’s economic, health, and social recovery from the coronavirus (COVID-19) pandemic is the focus of this year’s Programme for Government.
Speaking in Parliament yesterday, the First Minister said the Scottish Government would prioritise work to suppress the virus – building on its commitment to COVID-19 testing, contact tracing, and surveillance.
The COVID-19 response will be bolstered with the launch of Protect Scotland, a new proximity tracing app, later this month. The app will add an additional means of notifying people that they may have been exposed to the virus and that they should isolate to prevent onward transmission.
The First Minister also set out the government’s plans for renewal while ensuring a green recovery is at the heart of the economic recovery, with job creation, support for health and wellbeing and work to tackle inequalities all high on the agenda.
A National Transition Training Fund will support up to 10,000 people at risk of redundancy or unemployment. The Scottish Youth Guarantee will ensure every young person has the opportunity of work, education, or training.
A new £100 million Green Jobs Fund will be created while a new Inward Investment Plan will create 100,000 high value jobs over the next decade and boost GDP.
The pandemic has also reiterated the need for a radical rethink of social care. An independent review of the care system will be established to examine how adult social care can be most effectively reformed to deliver a national approach to care and support services. This will include consideration of a National Care Service.
In order to support families, applications for the Scottish Child Payment will open in November 2020, with the first payments to be made in February 2021.
A new £10 million Tenant Hardship Loan Fund will protect people from homelessness by providing interest-free loans for those struggling to pay their rent and there will be a ban on evictions until March 2021.
Other measures include:
accelerating the roll-out of Community Treatment and Assessment Centres so more people can receive medical care in their community rather than going to hospital
expanding digital access to health care to ensure more people can get the help they need
£1.6 billion low carbon funding to secure a just transition to a net zero economy, including a £100 million Green Jobs Fund, investment in heat and energy efficiency and industrial decarbonisation
a 20 year vision for energy efficient, zero carbon housing, with access to outdoor space, transport links, digital connectivity and community services
£500 million for infrastructure to support active travel
bringing 50,000 people into the digital world through the Connecting Scotland programme and creating a world class digital eco-system in Scotland
introducing legislation on domestic abuse protection orders and progressing legislation to improve forensic medical examinations for victims of sexual assault
The First Minister said: “The COVID-19 pandemic continues to have a profound impact on our health and wellbeing, on business and the economy – indeed, on our whole way of life. That is true here in Scotland, and across the globe.
“Today’s Programme is clear that suppressing COVID is our most immediate priority – and it will remain so for some time. However, it also makes clear that we will not simply hunker down and wait for the storm to pass.
“This Programme for Government sets out plans for a stronger, more resilient and sustainable economy – with a laser focus on creating new, good, green jobs.
“It guarantees opportunities for young people – and refuses to accept that their generation will carry the economic scars of COVID into adulthood.
“It sets out plans to strengthen and reform our public services, including our NHS. And it takes the first step on the road to a National Care Service.
“It promotes equality and wellbeing, with decisive action to combat child poverty. At its heart is the new, game-changing Scottish Child Payment.
“We must treat the COVID-19 challenge not as a brake on our ambitions but as an accelerant – helping us shape a stronger, greener, fairer future.”
STUC welcome National Care Service commitment in Programme for Government, but raise concerns around Fair Work
STUC General Secretary Roz Foyer said: “While we strongly support many of the aspirations in today’s Programme for Government, aspirations aren’t enough and it will take a serious stimulus package to deliver the sort of transformative change being talked about by the First Minister.
“We welcome the First Minister’s commitment to review adult social care and support for a National Care Service. This is a very important development that we have long called for. However, it is deeply disappointing that trade unions representing the workers in this sector have not been offered a seat at the table for any review in order to hold the Scottish Government to account and represent our members.
“Additionally, given the scandal that has unfolded across our care services and the sub-standard employment practices that have been uncovered the Government must commit now to ensuring that the profit motive is removed from any future social care model and Fair Work issues are addressed as an urgent priority.
“We commend the Programme’s ambition of building a green economy. Unfortunately, the level of investment to create a zero-carbon economy is simply too small to meet the scale of the challenge. Supporting workers to upskill and retrain is important, but it counts for little when there is currently a lack of jobs and demand in the green economy.
“We need to see major investment and intervention and would have liked to have seen an extension of public ownership in key areas like transport, construction and energy to ensure that the government’s aspirations can be delivered effectively.
“Where money is invested it is essential that it comes with Fair Work conditionality attached. We are disappointed that the Fair Work agenda and conditionality has not featured more heavily in today’s programme.
“We would also have liked to have seen more commitment to increased funding for local government, which is absolutely vital if we are to ensure services in local communities for our most vulnerable.
“Overall the programme is full of the right ambitions, but it’s too cash tight. We will continue to call on both the UK and Scottish Governments to work together to deliver the level of stimulus our economy so desperately needs as this investment can’t wait for the debate on independence to be resolved.
“Today’s programme has good potential, but we need more investment to ensure real transformative change in our society.”
Joanna Barrett, NSPCC policy and public affairs manager, said: “It is clearly right that Covid-19 recovery, including for children, is at the heart of this year’s Programme for Government.
“Calls to our Childline service from children and young people who had experienced sexual abuse in the home tripled during lockdown. And there was an increase in referrals from our helpline to Scottish agencies, due to parental behaviour, physical and emotional abuse and neglect, during this time.
“It is, therefore, crucial that any efforts to support children recover from the effects of the pandemic, especially those focusing on mental health, include specialist and timely treatment for those who have endured traumatic experiences, such as abuse and neglect.”
