The UK House of Commons voted 340-263 Monday to approve the Internal Market Bill (UKIMB), which would unilaterally override parts of the country’s Brexit deal with the European Union. The bill has now moved to the House of Lords for a vote. If approved, it would become law after Royal Assent.
The UKIMB is the UK government’s response to potential economic issues that may follow the finalization of Brexit. The bill aims to create common rules that apply across the UK to replace the single market of the EU, so that the devolved nations within the UK (Scotland, Wales and Northern Ireland) are not able to discriminate against goods or services from any another devolved nation, and to ensure reciprocity between the markets. UKIMB also empowers UK ministers to pass regulations regarding trade and state aid.
The UKIMB sets out that it will apply despite any conflict with international or domestic law, in response to the January 2020 so-called EU Legal Divorce Bill. This statement and the language of the UKIMB enables the bill to override the withdrawal agreement contemplated with the EU, in violation of international law. The bill is additionally controversial for other reasons, one of which being the Scottish government’s argument that UKIMB is “an attack on devolution,” and the authority of the devolved governments to draft their own legislation. It also violates the political Sewel convention which sets out that the UK parliament does not pass legislation impacting the governance of devolved nations without the consent of their legislatures.