My Lords, I am pleased to support Amendment 2; I was about to do my own version when I discovered that the noble Lord, Lord Stevenson, had already tabled a similar one, and it is pleasing that it has cross-party signatories. There is a lot in this Bill about the internal market that is either premature or inadequately or inappropriately worded. It may be that amendments elsewhere referencing the common frameworks will help, but just as the common frameworks have a set of principles that are being followed in negotiations, a bit more about the flavour of the internal market is needed here, beyond mutual recognition and non-discrimination.
One of the principles for the common frameworks is to maintain, as a minimum, equivalent flexibility for tailoring policies to the specific needs of each territory, as is afforded by current EU rules. Therefore, it seems wholly appropriate to utilise the principles of subsidiarity and proportionality that have been a defining part of the EU internal market and which have helped form the current flexibility. It would also chime with the recommendations of the Constitution Committee in its report The Union and Devolution, which set out six principles of solidarity, diversity, consent, responsiveness, subsidiarity and clarity. We could use all those principles here too, and certainly they should guide how we approach amending this Bill throughout.
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I will not pretend that the internal market concept is easy once flexibility and diversity are acknowledged. There were times when I found the EU internal market challenging to get my head around, and other times when I fought against overbearing efforts of the EU Commission on behalf of the UK. Therefore, I expect it will be the same for the UK, but on a much more intimate basis that, perversely, and along with the relative size of England, makes it more sensitive. That means taking the greatest care and sensitivity throughout this Bill, and Amendment 2 is a very good way to start.
Amendments in this group about the environment and the consumer touch on important matters that come up in other places in this Bill. Rather strangely, I find myself in a bit of a dilemma, which I will try to explain. To some extent, it is set against the background of the CMA as we know it now. I have a little concern about always including consumers at every opportunity, although citizens are, of course, at the heart of everything in the end. My concern is based on the internal market being for everyone—for all sectors and for citizens generally—and that is part of getting the balance right. I understand the concern that big business may have had too much of a say so far, and I said so at Second Reading, but I also have concerns about the term “consumer” being given preference, for example, over jobs and everything else; it may well have the opposite effect from what is hoped, because “consumer” is so multifaceted. That is particularly so in respect of the CMA, where price to the consumer already weighs heavily in the competition agenda, above diversity and choice. The comments of the noble Lord, Lord Tyrie, focused on rip-offs, which are very important to avoid, but that shows the concentration on price.
When we come to look at what we want to do and the concept of the devolved Administration, other matters such as diversity, choice and quality are not necessarily reflected if the price ticket always gets attached to being what the “consumer” is all about. Therefore, my heart is telling me that the broad sentiment is right, but my head is asking whether the amendment is, perhaps, not yet quite right or not in the right place. I will, of course, be listening, as the debate progresses.