My Lords, in this group I wish to speak in particular to Amendment 1, which my noble and learned friend Lord Hope of Craighead has explained most eloquently. In Committee, the Government tried to assure us that Parts 1 to 3 of the Bill were somehow compatible with or complementary to the common frameworks process, that the Government were fully committed to that process, and that the intention of the Bill was to fill in the gaps where common frameworks did not operate. But we had no
explanation of how the common frameworks process and the market access principles would work alongside each other. No real-world example was cited that the existing common frameworks process did not or could not address in the future.
For example, we were told that different building standards would tie the construction industry in knots. But there are already different building standards, including the excellent requirement in Wales that builders must install fire suppression systems in all new residential premises. This was introduced 14 years ago by the then National Assembly, and guidance to the sector on it runs to several hundred pages—understandable for a measure that will save lives. Has the construction industry been campaigning against devolution as a result? No. Then there was the risk to the English supply of malting barley to Scotland from divergent restrictions on pesticides. That case folded when the noble Lord, Lord Purvis of Tweed, pointed out that the use of fertilisers and pesticides was one of the extremely rare explicit exclusions from the market access principle.
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In Part 3, the regulation of qualifications, we heard that there are no examples of current professions where the measures might be needed, but that they might be needed in future. We were told that
“there may be new technologies, ideas and proposals that will come forward. There is the whole world of artificial intelligence or gene editing—there is a massive range of new and potential professional areas, bodies and qualifications that may come forward.”—[Official Report, 2/11/20; col. 506.]
In response, I simply say that we all want and welcome innovation. Advancement is accommodated in the common frameworks process. This Bill does not complement the common frameworks process; it consigns common frameworks to becoming a meaningless sideshow.
The Bill does not simply maintain the status quo ante EU membership; it shackles the ability of the elected Parliaments in Scotland, Wales and Northern Ireland to find their own solutions to the problems we face. It is not based on warm support for devolution but rather on hot resentment of the fact that the devolved Governments and legislatures can innovate at speed and take their populations with them. In response to every example of innovative policy-making by the devolved institutions—on plastics, minimum pricing of alcohol and so on—Ministers say that they would not be affected by this legislation. But what of future innovations? There have been no assurances, because the day this Bill is enacted is the day an iron curtain falls between the past and the future capacity of the elected Parliaments in Scotland and Wales to make a difference.
The charge on disposable plastic bags in Wales resulted in a 90% reduction in consumption, and this has not slipped significantly. But the Welsh Government’s desire to ban all nine types of single-use plastics in combating the environmental emergency could get caught without common frameworks in place. Yet, on the world stage, the UK can now turn this to advantage as, in discussions with President-elect Biden to build and repair relationships, we evidence our ability to action initiatives to tackle climate change.
Amendment 1 and the similar Amendments 38 and 51 to Parts 2 and 3 make the market access principles the fall-back, not the default. They build on the hard work that has already gone into the common frameworks process, rather than negate it. The future of the UK depends on good internal working arrangements, respecting the devolution settlements and ensuring that all four nations work together for the common good. Securing different trade agreements will be difficult, and those negotiating need to know that the four nations recognise the importance of clear external policies, while also ensuring that the specific needs of their own populations are being actively addressed.
I ask everyone who is a unionist to think very carefully before voting against these amendments, because a rejection of this approach of mutual respect across the four nations of the UK is a rejection of devolution itself. Rejecting the uniting processes in common frameworks signals a step towards the break-up of the United Kingdom. We left Europe to have the ability to set our own rules. Now let us respect that ability internally and amend this Bill accordingly.