Sydney Nash Profile picture

Sep 15, 2020, 18 tweets

The #InternalMarketBill is a legal, political and geopolitical wrecking ball, that is crashing through the devolution settlement with one swing, the rule of law with another, & the UK’s international reputation as the pendulum takes it through for a final pass.

The main purpose of the Bill is to ensure barriers to trade do not emerge within the UK after it has left the single market and customs union. This is the right thing to do.

I recall Spanish colleagues telling me that the overarching framework of EU law was critical in making Spain’s internal market function properly and the UK is no different. So there is work to be done.

But, devolution is a sensitive topic and nationalism is on the rise, so the decisions as to where powers are repatriated (London, Edinburgh, Cardiff, or Belfast) must be handled carefully. On this point, govt. has failed, and it has a fight on its hands.

In proposing to enshrine in law principles of mutual recognition & non-discrimination, govt. has been accused by Edinburgh & Cardiff in particular, of undermining their power. Both are likely to vote against the Bill under the Sewel Convention, teeing up a clash with govt.

Govt’s approach on this matter has been clumsy. A clash with the devolved admins cld have easily been avoided, had it brought the admins into the discussion before the Bill was published. It didn’t (or if it did, it didn’t listen) & resentment within the admins will likely grow.

The fact that the views of the devolved admins appear to have been an afterthought is consistent with political & administrative failings that have been evident long before this govt came to power.

However, this govt. campaigned to “take back control”, and if this slogan is to be given any substance, it should be through a democratic revival that seeks to decentralise & bring decision making as close as possible to the people.

Taking back control should mean championing devolution. Taking back control should mean supporting vibrant local politics. Taking back control should mean taking power out of London, not consolidating it in the hands of the Executive and diminishing Parliamentary scrutiny.

Johnson claims the Internal Market Bill is a power surge for the devolved admins, but actions speak louder than words.

On the matter of the law, govt’s view is there on the record for anyone to see – it is perfectly happy to break the law, renege on its promises, and seek to circumvent its treaty commitments when it suits it.

What message does this send the international community, friends & foes alike? A simple one. The UK cannot be trusted. Our reputation is in the mud. And to make matters worse, govt. has helped embolden all those other countries that want to break international law as well.

As Brandon Lewis uttered the words “yes, this does break international law”, a body blow was thrown at the post-war international order, by a govt. that appears to have no concern for the consequences of its actions.

International law helps keep us safe. Undermining it doesn’t. And nor does deliberately antagonising and insulting the EU, our biggest and richest neighbour.

The list of insults and accusations thrown towards the EU over recent years is almost endless, and increasingly outrageous claims have been made as govt tries to justify its decision to break the law.

But whether we’re in the EU or not, it will remain our neighbour, a critical trading partner and a critical security partner as well.

Govt. needs to quickly remember who the UK’s friends are and stick close to those who share our values, rather than emboldening those who don’t. That is assuming that govt. shares those values itself.

Recent events have been extraordinary, but perhaps nothing should surprise us with this government. And if that is the case, we should be on high alert when it openly, almost casually, states that it is willing to break the law. Don’t assume that it knows when to stop.

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