Lots of questions remain about how the internal market might operate, says Aileen. Will there be possibilities for the devolved parliaments to override these cross-cutting internal market constraints? How will it operate? How will it be enforced?
She suggests that the white paper sets out an internal market which covers a greater degree of policy areas than existing EU regulations.
There is a concern that mutual recognition of goods and services will lead to difficulties. Because England is so large, in practice, English standards are likely to prevail.
Can the Scottish Government legally challenge these plans? Aileen says no, although the primary legislation will be subject to the Sewell Convention and Welsh and Scottish Parliaments may withhold consent. But Sewell has been overruled in recent years.
Aileen also raises concerns about the very short period of consultation, much shorter than typical and during the summer holiday period. This is difficult to justify given we've known this was a concern for quite some time.
'Scotland's New Choice' Independence after Brexit' our NEW ebook from 25 leading academics examining what independence would mean for #Scotland after #Brexit and #COVID19
➡ the process of independence
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➡ the view of independence from elsewhere
2/ Michael Keating begins, the internal market is, in many ways, a way of replicating what exists to faciliate the European single market. Two options are available: a single standard or principle of mutual recognition
3/ No internal market covers everything, how do we determine the exceptions? The EU operates under a very broad principle, allowing governments to override for public policy objectives. The UK Bill is much more narrowly defined.
CCC Co-Director Nicola McEwen also discusses the proposals set out in the UK Government's white paper on the internal market and explains how these could have a profound impact on devolution in the UK
As Boris Johnson visits Scotland today, how might he make the case for the Union? CCC Fellows @DaniCetra and @Coree_Brown explored this issue in recent publications