I get the feeling some people still just don't / won't believe the adverse impact of the UK Internal Market Act 2020 upon devolution in Scotland and Wales. [Norn Iron is a special case, thanks to Johnson's Protocol...]

So I'll spell it out as clearly as I can in 4 wee tweets:
1) For all practical purposes, the ability of Scotland or Wales to do anything that regulates physical goods in a way that deviates from English standards, has been suppressed – regardless of the social or welfare policy that the devolved institutions might seek to pursue.
2) The power of the Scottish/Welsh parliament to regulate other aspects of the market for physical products (advertising, licensing, all sorts of commercial practices) has been significantly curtailed: at best scrutinised, at worst overruled, if interferes with English business.
3) With similar effects for devolved competences over services, as well as restrictions on professional regulation...

Now: does the UK need some framework for managing internal trade? Thanks to Brexit, yes. But does the 2020 Act create a fair and balanced system? Surely not.
4) In Tory hands, the whole UKIM is based on a very dubious assumption: that regulatory differences created through the exercise of devolved powers are inherently problematic and should be suppressed in practice. Things just don't get more highhandedly Anglocentric than that.
ps, those who blame the Scottish or Welsh Government for this Act are peddling fake news of their own: the devolved governments & parliaments fought tooth & nail against it. But under the UK constitution, devolution is at the mercy of any London regime with a Commons majority...

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More from @mdouganlpool

27 Apr
One point that Brexitists are particularly ignorant/dishonest about, re NI Protocol: they regularly claim it guarantees "unfettered market access" between NI & GB, so EU is acting unreasonably / even in breach of Protocol itself, by trying to enforce checks. Utter rubbish. Why?
1st, the reference to "unfettered market access" relates only to movement of goods from NI to GB (not the other way round). And even then, there is an immediate exception for any export limits imposed by EU law to fulfil international obligations on control of certain goods.
2nd, there is no provision saying "unfettered market access" for movement of goods from GB to NI. That has to take place in accordance with legal duties laid down in Protocol. EU & UK must use "best endeavours" to facilitate such trade - but still in accordance with those rules.
Read 4 tweets
27 Apr
Just finalised talk on implications of UK Internal Market Act 2020 for devolved policymaking by Scotland / Wales in field of public health, e.g. strategies to combat illness & deaths arising from tobacco / alcohol / obesity.

Key points in short thread, for those interested:
1) Imagine Scottish Government & Parliament want to ban marketing of product proven to have adverse health impact on population, e.g. uber-sugary soft drinks or super-salty junk food. Effect of Act? They can only ban marketing of Scottish made products; not those made in England.
2) Or imagine Welsh Government & Senedd want to restrict advertising of / consumer access to unhealthy products (without banning them per se). Effect of Act? Need to check Welsh rules aren't trying to exclude / somehow discriminate against English goods: that's no longer allowed.
Read 6 tweets
2 Apr
I wish the Telegraph/Mail/Express would hold back on their evil-EU-proxy-war for just a few days. We get it: you're rabid English nationalists itching for a scrap with some forriners. Yadda-yadda-yadda. Though I suppose they do need something to fill pages with, since it's not...
... challenging their darling government. Say, over ideas like racism really being a figment of the imagination of people who just need to work harder. What a contrast with their coverage, eg of Labour's struggle to confront antisemitism. Anti-racism, a la carte, nouvelle cuisine
Speaking of which: shocking as it is, such a transparent Tory-led attempt to "rewrite the narrative on race and inequality" to suit their own worldview, it is still marked by exactly the same leitmotif as virtually every other facade of government policy under the current regime:
Read 4 tweets
20 Mar
I thought I knew Scotland fairly well and loved it mightily. But some of my new twitter penpals tell me I am in fact a clueless nobody who needs to learn some facts. So I did - from their helpful profiles. What an education! Here are 3 things, oddly, I didn't know about Scotland:
1) Apparently, Scotland is actually a banana republic, far more corrupt than Mexico, much more communist than China and even more authoritarian than North Korea. On the plus side, I would venture to add: also more imaginative than the far-away realm of Cloud Cuckooland...
2) One of the few freedoms left to my new penpals in their Scottish gulag, it seems, is to tweet and retweet conspiracy theories about climate change, viral pandemics, public health lockdowns and EU protocols. Poor soulless miseries! Shovelling snow would surely be an improvement
Read 5 tweets
15 Mar
Amid the howls of Brexitist outrage about the EU's commencement of enforcement action against the UK for latter's clear breach of its international legal obligations (there's no "alleged" about it...) - let's recall a couple of basic but rather important facts:
Protocol = fundamental compromise. UK accepted [ie Johnson proposed] border down Irish Sea, in order to deliver Hard Brexit demanded by Tory Leave Extremists. EU agreed [a major concession, made for sake of peace in Ireland] that a 3rd country would police its external frontier.
So HMG's actions aren't just an affront to rules-based international order & destabilising intervention in already tense situation in NI - though they are both those things. HMG's actions also directly abuse trust vested in UK, to act as a responsible guardian of EU's own border.
Read 4 tweets
13 Mar
Twitter’s great for slagging off Brexit. But even better when you learn something new. Especially from collective wisdom. As I did from responses to yesterday’s thread on the EU’s “existential challenge”. So: quick follow-up with some reflections, inspired by replies/comments:
1) Worth clarifying: idea of “existential reflex” is not that large numbers of people want their MS to leave EU, or for EU to cease existing. [Though if don’t mind me saying: seems bit complacent to say “noone thinks like that in my MS"; let alone forget there are other MSs too!]
2) Instead, idea behind "existential reflex" is whether significant numbers of citizens have really *internalised* what it means to be a Member State of the EU, in the same way as they take for granted the institutions / roles / powers of their own state.
Read 13 tweets

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