As promised, a second thread on the UKGov's Bill on the UK Internal Market - this time, focusing on the provisions relevant to the Protocol on Ireland / Northern Ireland. Voila:
For the avoidance of any doubt: the Bill is utterly shameless in explicitly empowering the UKGov directly, deliberately and consciously to breach the UK’s legally binding international obligations under its very own Withdrawal Agreement & Protocol on Ireland / Northern Ireland
First point: UKGov’s unionist bias is absolutely overt, eg explicit duties for all public bodies to approach every question about Protocol based on overriding goal of protecting NI’s status in the UK. Nothing, eg about need to protect peace & stability or to avoid hard border?!?!
More serious: UKGov claims power to breach Protocol as regards movement of goods from NI to GB (though not vice versa). One hand: that's less of a “hard border” worry than first glance. After all, such UK delinquency affects goods leaving rather than entering Single Market
Other hand: for UK to breach Protocol even when it comes to movement of goods from NI to GB would still raise serious questions about WTO compliance; as well as obvious issues about smuggling, fraud, tax evasion and other regulatory risks posed by a de facto uncontrolled border
Most serious = UKGov claiming powers to run roughshod over state aid commitments contained in Protocol. This could indeed have direct “hard border” implications. After all, why should EU allow NI to be used as back door for UK to dump unfairly subsidised goods into Single Market?
To conclude on UKIM Bill:
- justifies fears already expressed about impact on devolution
- risks creating serious problems for Northern Ireland
- & undermining future talks with EU (possibly also eg US)
- reveals Johnson Gov’s lack of integrity and contempt for the rule of law

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More from @mdouganlpool

11 Sep
I hope my previous hypothetical examples prove useful, in terms of getting a flavour of the UK Internal Market Bill's intended principles and effects.

Now: some key overall lessons to draw from those examples, in a final short thread...
1) Bill’s principles are largely prospective: they generally don’t apply to existing rules. But Bill does kick in when existing provisions are amended in any significant way. That already creates a significant disincentive to engage in legal reform / innovation
2) where Bill does apply, its rules are based on a very strong market dynamic: wide scope of application, extensive guarantees of market access capable of overriding / bypassing local regulatory choices, only limited exclusions / scope for justification
Read 7 tweets
11 Sep
Working on UK Internal Market Bill? I'll post a few threads containing (hypothetical) examples to help illustrate how it might operate in practice

1st: “Scotland has rules on minimum alcohol pricing but now wants to introduce a higher minimum price/ change basis for calculation”
a) the UKIM rules are largely prospective, ie do not apply to existing rules regulating sale of goods unless those rules are substantially amended. So need to decide whether change in price would be significant amendment; though change in basis of calculation surely would be?
b) assuming amendments are substantial, will be governed by UKIM principles. Price control would be classified as a product requirement and therefore subject to principle of mutual recognition, i.e. imported English alcohol does not have to comply with new Scottish requirements
Read 6 tweets
10 Sep
I've spent my adult life in a state of contented coexistence between the very different & potentially conflictual parts of my background and identity - almost a model child of the peace process & the historical reconciliation achieved between Ireland and the UK within the EU. So:
... while I was never going to be anything but repulsed by Brexit's vulgar nationalism or Johnson's gross dishonesty, I now find myself fundamentally troubled by the way this Hard Right Tory Regime is plotting a deliberate course to destabilise my beloved Northern Ireland...
... devotes such spite and energy in seeking to undermine the alliance of liberal social market democracies that make up the European Union, and is actively assaulting the basic values and institutions that reflect the best of what the UK represented both to itself & in the world
Read 4 tweets
9 Sep
Some initial thoughts on UK Internal Market Bill covering: A) underpinning assumptions of UKIM; B) important details about Bill’s proposed scheme; C) what it means in real-world UK context. See separate thread on particular provisions relating to Northern Ireland. Voila:
A.1) I fully agree with UKGov's proposition that Brexit now requires UK to establish some overall scheme to govern internal trade - including a way to manage potential barriers to trade / distortions of competition arising from future exercise of autonomous regulatory powers
A.2) But I do not share UKGov’s apparent assumption that regulatory divergence is inherently problematic and must be strictly controlled, by imposing extensive limits (in effect) on the ability of devolved institutions to make different choices from Westminster
Read 23 tweets
7 Sep
The only surprising thing about the latest manifestation of Johnson's dishonest and untrustworthy character, is that anyone even pretends to be surprised by his dishonest and untrustworthy behaviour. Let's recall what many of us despised-experts have been saying for many months:
Johnson only signed WA because Parliament forced his preferred "total no deal" off the table; but it was clear he would seek to undermine his very own Irish border provisions at earliest opportunity; & that he had no serious intention of reaching a deal on future EU-UK relations
At time, Brexit loons reacted with their usual fury: how dare you question the UK's good faith, insult the integrity of our Gentlemen's Government, query Global Britain's moral superiority... And yet, if today's reports are accurate, that's exactly the derision HMG fully deserves
Read 5 tweets
23 Jul
Time for regular charade of UK talking up prospects of some great EU trade deal; while EU itself criticises British for not seriously engaging over obstacles to new (but actually pretty bog-standard) treaty. So time also to recall basic calculation by Johnson that led us here:
Underlying problem? UK "red lines" should mean only distant future EU-UK relationship in trade, security etc. But also means a) serious disruption to existing relations with EU, obviously with greater impacts on UK as junior partner + b) problem of how to avoid hard Irish border
May Government's calculation? Keep paying lip service to own "red lines"... but in practice, sign up for deal that would keep UK more closely tied to EU for foreseeable future = minimise economic / security disruption + avoid Irish border without cutting Norn Iron off from GB
Read 5 tweets

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