United Kingdom Internal Market Bill — Common Frameworks Process — Market Access Principles — 10 Dec 2020 at 14:30

The majority of MPs voted not to prioritise rules agreed by the four nations of the United Kingdom via the "common frameworks process" over the "market access principles" intended to ensure a free internal market within the United Kingdom provided for in the Bill.

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 the Lords in their Amendments Nos. 1B, 1C and 1D.

Lords amendment 1B^[3] stated:

• Insert the following new Clause—
• “Common frameworks process
• (1) The United Kingdom market access principles shall not apply to any statutory provision or requirement that gives effect to a decision to diverge from harmonised rules that has been agreed through the common frameworks process and states that its purpose is to give effect to that agreement.
• (2) No regulations may be made by a Minister of the Crown with regard to a matter that is under consideration under the common frameworks process while that process in relation to that matter is still in progress.
• (3) The common frameworks process is a means, established by the Joint Committee on European Negotiations, by which a measure of regulatory consistency to enable a functioning internal market within the United Kingdom may be mutually agreed between the United Kingdom and the devolved governments.”

Lords amendment 1C^[3] stated:

• Insert the following new Clause—
• Common frameworks process
• (1) The mutual recognition of authorisation requirements shall not apply to any regulatory requirement that gives effect to a decision to diverge from harmonised rules that has been agreed through the common frameworks process and states that its purpose is to give effect to that agreement.
• (2) No regulations may be made by a Minister of the Crown with regard to a matter that is under consideration under the common frameworks process while that process in relation to that matter is still in progress.”

Lords amendment 1D^[3] stated:

• Page 19, line 13, at end insert—
• “( ) Section 22(2) does not apply if the provision has been agreed through the common frameworks process and it states that its purpose is to give effect to that agreement.

Section 22 related to "Access to professions on grounds of qualifications or experience".^[4]

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.

"The Joint Ministerial Committee was a forum of the UK and devolved governments. Its purpose was to examine matters of common interest and review the workings of devolution." It was also known as the: "Joint Ministerial Committee (European Negotiations)"^[5], and appears to be the committee referred to in Lords Amendment 1C as the "Joint Committee on European Negotiations".

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• [1] Parliament's webpage on the United Kingdom Internal Market Bill, Parliament.uk
• [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, 10 December 2020, Parliament.uk
• [4] United Kingdom Internal Market Bill, as introduced to the House of Lords, 30 September 2020, Parliament.uk
• [5] Joint Ministerial Committee, Welsh Government Website, Gov.Wales

Debate in Parliament |