United Kingdom Internal Market Bill — Clause 10 — Exclusions from Market Access Principles: Public Interest Derogations — 7 Dec 2020 at 21:06

The majority of MPs voted not to replace specific taxation, health and chemicals related exemptions to the laws intended to ensure a free internal market within the United Kingdom with a broader exemption for proportionate requirements which pursue legitimate aims.

MPs were considering the United Kingdom Internal Market Bill^[1][2].

The motion supported by the majority of MPs in this vote was:

• That this House disagrees with Lords amendment 12.

Lords amendment 12^[3] stated:

• Leave out Clause 10 and insert the following new Clause—
• “Exclusions from market access principles: public interest derogations
• (1) The United Kingdom market access principles do not apply to, and sections
• 2(3) and 5(3) do not affect the operation of, any requirements which—
• (a) pursue a legitimate aim,
• (b) are a proportionate means of achieving that aim, and
• (c) are not a disguised restriction on trade.
• (2) A requirement is considered to pursue a legitimate aim if it makes a contribution to the achievement of—
• (a) environmental standards and protection,
• (b) animal welfare,
• (c) consumer standards, including digital and artificial intelligence privacy rights,
• (d) employment rights and protections,
• (e) health and life of humans, animals or plants,
• (f) cultural expression,
• (g) regional socio-cultural characteristics, or
• (h) equality entitlements, rights and protections.
• (3) A requirement is considered disproportionate if the legitimate aim being pursued in the destination part of the United Kingdom is already achieved to the same or higher extent by requirements in the originating part of the United Kingdom.”

Part 1 of the Bill^[4] sought to promote the continued functioning of the internal market for goods in the United Kingdom by establishing "United Kingdom market access principles". The Bill sets out those principles as:

• * The mutual recognition principle for goods - ensuring goods produced in or imported into, one part of the United Kingdom, and which can be lawfully sold there, can be sold in any other part of the United Kingdom.
• * The non-discrimination principle for goods - preventing discrimination against goods from other parts of the United Kingdom.

Clause 10 of the Bill^[5], which was left unaffected by this vote, operated with Schedule 1^[6] to provide for exemptions to the Market Access Principles including matters related to tax, threats to human, animal or plant health, chemicals and fertilisers and pesticides.

Requirements applying to parts of the United Kingdom are likely to have been implemented by devolved administrations.

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• [1] Parliament's webpage on the United Kingdom Internal Market Bill
• [2] Explanatory notes to the United Kingdom Internal Market Bill, 9 September 2020, Parliament.uk
• [3] Lords amendments to the United Kingdom Internal Market Bill, 2 December 2020, Parliament.uk
• [4] United Kingdom Internal Market Bill, as introduced to the House of Lords, 30 September 2020, Parliament.uk
• [5] Clause 10 of the United Kingdom Internal Market Bill, as introduced to the House of Lords, 30 September 2020, Parliament.uk
• [6] Schedule 1 of the United Kingdom Internal Market Bill, as introduced to the House of Lords, 30 September 2020, Parliament.uk

Debate in Parliament |