Was thinking of submitting response to White Paper on UK Internal Market but decided not to do so. Why? White Paper poses 4 questions for consultation. But those questions = entirely marginal to actual content. No point focusing on few details, when real problem is overall scheme
Basic challenge of "UK Internal Market" is how to find legal framework that reconciles (on one hand) meaningful scope for devolved autonomy with (on other hand) empirical and constitutional fact of English dominance within UK
In effect: need to find tools that will help "tame" natural power of English economy (conducted according to English regulatory preferences) to suppress Scottish / Welsh ability to pursue different paths - without own producers being penalised / own choices being swamped out
Main problem with White Paper = it suggests an absolutist rule of mutual recognition, supplemented by strong duties of non-discrimination, that together risk significantly reinforcing and indeed magnifying England's natural dominance over the others
In theory, Scotland & Wales have greater devolved powers. But in practice, if exercise those powers in deviation from English preferences: cannot stop English goods / services still accessing Scottish / Welsh markets; indeed, domestic producers are effectively put at disadvantage
So: real problems with White Paper don't lie with handful of marginal & detailed issues as posed in formal consultation. Crucial issue is much more fundamental: relates to entire design choice underpinning UKGov's proposals. But that choice seems to be presented as fait accompli
Perhaps UKGov remains open to dialogue: still up for rethinking current proposals, to find ways that fairly tame (rather than actively promote) England's economic and constitutional dominance, in interests of protecting space for meaningful exercise of devolved competences?
Eg limiting scope of application of mutual recognition / non-discrimination; incorporating proper system of derogations & justifications; thinking about better institutional & dispute settlement structures; preferably reconsidering initial assumption that "difference is damaging"
But suspect that Johnson regime has no such intentions: self-imposed "Jan 2021" deadline vastly reduces scope for constructive dialogue/considered compromise; Tories seem more interested in political game of provoking confrontation with Scotland/Wales [Norn Iron - already dumped]
