Select Committee on the Constitution
United Kingdom Internal Market Bill

17th Report of Session 2019-21 - published 16 October 2020 - HL Paper 151


Chapter 1: Introduction

The Bill

Consultation and pre-legislative scrutiny

Chapter 2: The UK internal market and devolution

Implications of the Bill for devolution

Constraints on devolved competence

Limited consultation

Independent oversight, governance and dispute resolution

UK Government spending

State aid

Legislative consent

A way forward

Common frameworks

Strengthening intergovernmental relations

Chapter 3: UK market access and oversight


UK market access: goods

Mutual recognition

Non-discrimination principle

Indirect discrimination


Supplementary provisions

UK market access: services

Requirements and exclusions

Discrimination in the regulation of services

Oversight and monitoring of the internal market

Northern Ireland Protocol delegated powers

The Belfast/Good Friday Agreement

Chapter 4: International law


International legal context

Box 1: The Withdrawal Agreement and the Northern Ireland Protocol

International law violations

Disapplication of parts of the Northern Ireland Protocol

Violation of Article 4 of the Withdrawal Agreement

Failure to act in good faith

An unprecedented approach?

Consequences of violating international law

International law and the rule of law

The Bill as an insurance policy

Chapter 5: Judicial review

Provisions of clause 47

The approach of the courts to ouster clauses

The implications of clause 47

Chapter 6: The Government and the rule of law

Duties of ministers

The Law Officers

Civil service

Chapter 7: The rule of law and parliamentary sovereignty

Summary of conclusions and recommendations

Appendix 1: List of Members and declarations of interest

Appendix 2: List of witnesses

Evidence is published online at and available for inspection at the Parliamentary Archives (020 7219 3074).

Q in footnotes refers to a question in oral evidence.

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