New Report: Westminster Rules? United Kingdom Internal Market Act and Devolution
Published: 2 October 2024
3 October 2024: This impartial analysis of the context, content and operational impact of the UKIMA brings together leading academics from the Universities of Glasgow, Liverpool, Stirling and Queens University Belfast and offers pragmatic policy ideas that could lead to a new, more consensual way forward.
In a report published by the Centre for Public Policy today, authors argue that UKIMA has undermined the authority and status of the devolved institutions and contributed to the erosion of intergovernmental trust. Recognising and navigating the roadblock that the UKIMA represents is in their view a critical first step for a UK Labour Government intent on achieving its commitment to reset relationships with the devolved governments.
The four leading UK academics have joined forces to warn the UK Government that its commitment to reset relations with devolved nations cannot be met without addressing the impact of the United Kingdom Internal Market Act.
Read the report: Westminster Rules? The United Kingdom Internal Market Act and Devolution
Professor Nicola McEwen, Director of the Centre for Public Policy, said “The UK Internal Market Act was introduced despite considerable opposition from devolved institutions. It has already had a constraining impact on their policy ambitions. The UK Government should recognise and address that if it is to achieve a meaningful reset in its relationships with the devolved governments."
Dr Coree Brown Swan noted: “The problems and delays surrounding the deposit return scheme is illustrative of the challenges posed by the Internal Market Act and especially the process of seeking exclusions from its market access principles. A clarified and agreed process is necessary to support devolved policymaking going forward, particularly in the environmental policy space.”
Professor Thomas Horsley added: "We recognise the challenge that the Act was designed to address. But there are many legal and intergovernmental reforms - as set out in our report - that could make it less harmful to the policymaking powers of the devolved institutions."
Dr Lisa Claire Whitten reflected: “As with many aspects of Brexit, the UKIMA hits differently in Northern Ireland because of the Windsor Framework and the unique circumstances it was designed to address. Any reform of the legislation must take full account these, if it is to be effective and beneficial for the whole of the UK.”
The papers rules out repealing the Internal Market Act but offers a spectrum of reform options including amendments to the existing legislation, the introduction of principles of proportionality and subsidiarity and expanding the list of policy areas exceptions. It further warns that many of the existing problems of UKIMA were caused by the unilateral action of the UK Government and that resolving them can only be done collaboratively across the four administrations.
The research which underpins this report was funded by the Economic and Social Research Council and the UK in a Changing Europe.
Authors
Professor Nicola McEwen, Professor of Public Policy and Governance at the University of Glasgow and Director of the Centre for Public Policy
Dr Coree Brown Swan, Lecturer in Politics at the University of Stirling, and Director of the Scottish Political Archive
Professor Thomas Horsley, Professor of Law at the University of Liverpool
Dr Lisa Claire Whitten, ESRC Research Fellow in Politics and Law at Queen’s University Belfast
First published: 2 October 2024
