United Kingdom internal market
The United Kingdom's internal market or UK Internal Market is the unified market of the United Kingdom (UK), consisting of four members: England, Scotland, Wales and Northern Ireland. It allows the free trade of goods and services across the UK.[1]
United Kingdom’s Internal Market | |
|---|---|
  Artist: Xaosflux | |
| File:UK Members (4 UK Members) 2.png artist: ChefBear UK Members
EU Country with special arrangement
EU Members | |
 artist:Italay90 CC BY-SA 3.0 UK
In a Customs Union with the UK Has an EPA with the UK No agreement with the UK | |
| Policy of | United Kingdom |
| Official languages | British English |
| Recognised national languages | Welsh Irish Gaelic |
| Demonym(s) | British |
| Type | Internal market |
| Constituent Counties (Members) | UK Members
(4 Members) Non UK Members (3 Members) (13 Members) |
| Government | United Kingdom Government |
| Boris Johnson | |
| Legislature | Parliament of the United Kingdom |
| Establishment | |
| 1707 | |
| 2018 | |
| 2020 | |
| Area | |
• Total | 93,628[9] sq mi (242,500 km2) |
| Population | |
• Estimate | 67,886,004 [10] |
| GDP (nominal) | estimate |
• Total | $2.744 trillion [11] |
• Per capita | $41,030 |
| HDI (2018 [12]) | 0.920 very high |
| Currency | Pound Sterling (GBP) |
| This article is part of a series on |
| Politics of the United Kingdom |
|---|
_(Tudor_Crown).svg) |
 United Kingdom portal |
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History
Creation
The Treaty of Union (1707), particularly articles 4 to 18, established a single market covering England and Wales and Scotland. It was formalised by the passing of the Acts of Union in 1706 and 1707.[13]
Article 6 of the Acts of Union 1800 created a customs union with the Kingdom of Ireland. The Anglo-Irish trade war meant that only Northern Ireland remained in the customs union after 1932.
During EU Membership
The Single European Act (1986) resulted in a single market covering the whole of the European Union, including the United Kingdom. The United Kingdom left the European Union in January 2020, but remains in the EU single Market until the end of a transition period in December 2020.
Exit from European Single Market
Withdrawal preparation
In April 2019 the UK Government began to design UK Common Frameworks Policies to enable the functioning of the UK Internal Market after the end of the transition period.[14]
In October 2019, Article 6 of the Northern Ireland Protocol included in the withdrawal agreement includes reference to the notion of United Kingdom's internal market:[15]
Legislation as defined in point (2) of Article 5 of Regulation (EU) No 952/2013 shall apply to and in the United Kingdom in respect of Northern Ireland (not including the territorial waters of the United Kingdom).
— Article 5 Customs, movement of goods
Having regard to Northern Ireland's integral place in the United Kingdom's internal market, the Union and the United Kingdom shall use their best endeavours to facilitate the trade between Northern Ireland and other parts of the United Kingdom, in accordance with applicable legislation and taking into account their respective regulatory regimes as well as the implementation thereof. The Joint Committee shall keep the application of this paragraph under constant review and shall adopt appropriate recommendations with a view to avoiding controls at the ports and airports of Northern Ireland to the extent possible.
— Article 6 Protection of the UK internal market
Transition period updating of the UK Internal Market
On July 16, 2020 the United Kingdom Government published its white paper for the UK Internal Market Bill, which will update the UK Internal Market, place new definitions and structures into domestic law that will complement the what is currently on the statute book, and update the overall old language currently used in the Act of Union 1707 into “modern english”.[16]
On July 16, 2020 the UK Government also started a consultation on the UK Internal Market white paper, the consultation ran for 4 Weeks (1 month) and finished on the August 13, 2020.[17]
On September 9, 2020, UK Government published a UK Internal Market Bill.[18] [19] The [[Scottish National Party described the Bill as an "abomination" and does not exclude legal action.{{cn{}} The bill explicitly includes provisions that are incompatible with the the Withdrawal Agreement and thus, as the Government acknowleges, illegal under international law.[20] One simple and fast way to solve such an issue might be to agree a trade deal with the EU.[21]
Governance of the UK Internal Market
UK Parliament
Any proposed changes that the UK Government wants to make to the UK internal market be put to the UK Parliament for approval.[22]
Competition Market Authority
The Competition Market Authority will have two functions:
- To regularly monitor the UK internal market
- Consult with stakeholders
The Competition Market Authority will also create reports that will advise the UK government on changes to make to the UK internal market, but these advisory reports will be non - binding.[23][24]
Constitutional Arrangement in the United Kingdom
United Kingdom
- Separation of powers in the United Kingdom
- Parliamentary sovereignty in the United Kingdom
- Joint Ministerial Committee
Principles & core function goals
Principles
The UK Internal Market is driven by three overarching principles which are:
- To continue to secure economic opportunities across the Internal Market
- To continue competitiveness and enable citizens in all members of the UK to be in an environment that is the best place in the world to do business and trade
- To continue to provide for the general welfare, provide prosperity, and create economic security of all citizens in all members within with UK.[25]
Core function goals
UK Internal Market has two core function goals to ensure the smooth functioning of the UK Internal Market and ensure maximum transparency and communication between the different organizations and governments within the UK Internal Market.
- foster collaboration and dialogue; and
- build trust with business and maintain openness.[26]
UK Market Access Commitment principles (Mutual recognition & non - discrimination)
There will be two foundational principles which together will provide a legislative means to enable the smooth operation the UK Internal Market and these two principles are:
- Mutual recognition
- Non-discrimination [27]
The UK Internal Market will have three fundamental goals that are designed to allow the continued functioning of the UK Internal Market, while also acknowledging that there may be policy divergence in some areas and these aims are:
- To ensure friction-less trade between all members of the UK Internal Market
- To ensure fair competition practices and prevent discrimination within the UK Internal Market
- To continue to protect businesses, consumers and civil within society by engaging them in the design and progression and evolution of the UK Internal market.
The central purpose of having mutual recognition within the UK Internal Market will be to ensure that goods and services can be traded freely across the UK and ensure regulations made by one member of the UK Internal Market is accepted by all the other members.
The non - discrimination principle will forbid discrimination against businesses in any Member of the UK Internal Market, and will avoid members of the UK Internal Market from having to complying with two sets of requirements.
The Mutual recognition system is a known and well-tested system, and is used in countries across the world including Australia and Switzerland.
Mutual recognition will provide low-cost and decentralized methods for dealing with differences in regulation, as well as protecting the ability of the Members of the UK Internal Market to regulate their own domestically produced goods, professionals and services originating from their territory.
The mutual recognition system will ensure that any differences in regulation that emerge between jurisdictions do not result in unnecessary barriers to trade, and a requirement not to discriminate (a ‘non-discrimination principle’) which will provide additional support to the mutual recognition system.
The mutual recognition system will make it unlawful for any government within the UK to regulate in any way that would give less favorable treatment to another member of the UK Internal Market, and effect goods, professionals or service providers by giving an unfair advantage to a that members territory over that of the other members of the Uk Internal Market.
The mutual recognition principle will form an essential part of the UK Internal Market, will be tailored to the UK's unique circumstances and will encompass 3 areas of regulation, and reflect the different ways goods and services are currently treated under UK law:[28]
a) Goods – mutual recognition of goods will mean that goods from one Member of the UK Internal Market can be sold to all other members without having to comply with another members requirements that would otherwise apply).
Mutual recognition will cover mandatory requirements relating to lawful sale, i.e. product requirements and their related processes and production methods (for example, requirements on production, composition, quality, packaging or labeling). Other types of requirement not directly related to lawful sale will be excluded e.g. conditions on transport, disposal or the manner of sale of goods. These will instead be covered by the non-discrimination principle. As noted earlier, goods being placed on the Northern Ireland market will have to comply with the arrangements set out in the Northern Ireland Protocol The mutual recognition principle will also take account of our commitments to ensure that Northern Ireland goods will have unfettered access to sell to all other members of UK Internal Market. Northern Ireland's specific role within a legislative underpinning for goods is addressed in detail below.
b) Professional qualifications – mutual recognition of professional qualifications will mean that regulations required to access a profession in one members territory will be able to be used to access of that profession in all members territories. Where a member has different entrance requirements, a process will be implemented to enable professionals to demonstrate compliance. In addition, other profession-specific regulatory requirements needed to practice the profession will be included as part of this process.
c) Services – Mutual recognition is already in place for most services authorizations within the UK Internal Market through the Provision of Services Regulations 200928. These regulations have broad application and areas out of scope of this regime (such as financial, healthcare and transport services) are also out of scope of the UK Internal Market.
The Provision of Services Regulations 2009 set out that any authorization scheme provided for by one of the UK Internal Markets competent authority, it must be justified and it must be shown that the objective could not be attainable in a less restrictive manner. The scheme itself will be based on criteria that prevent arbitrary assessment.
Additionally, an authorization issued by a UK Internal Market authority with functions covering less than the whole UK Internal Market will generally be permitted and the exercise of the relevant activity could be conducted throughout the whole of the UK Internal Market.
This system will be explicitly brought within the Internal Market system.
Non-discrimination
The non-discrimination principle will be ensure that members of the UK Internal Market do not to discriminate between individuals or businesses based on residence or origin within the UK Internal Market.
Direct discrimination is where an individual or business is treated differently and unfavorably by a member of the UK Internal Market, who has acted in an explicit manner, compared with a members territorial operators when operating in the other Members territories, expressly on the grounds of residence or geographical origin. The non-discrimination principle will allow scope for such differential treatment where this is necessary, for example, to address a public, plant or animal health emergency.
The UK Government will be able to take action where instances where an economic operator in the UK Internal Market is not directly discriminated against but is nevertheless treated in a substantially unfavorable way by another administration compared with an operator in that members territory when operating in any other members territories. and where for example, this is not justifiable on the grounds of a clearly stated policy objective.
This obligation on Members of the UK Internal Market and regulators not to discriminate in a way that affects trade will provide an additional safeguard for the UK Internal Market in areas where mutual recognition is excluded. For example, if a member specified that milk cannot be transported more than a certain distance which meant that in effect most milk from other members of the UK Internal Market could not be sold in that that members territory, this could be viewed as a case of indirect discrimination. This kind of discrimination could be prohibited as it has equivalent effect to direct discrimination.
It will be necessary to decide whether indirect discrimination in this context should be prohibited at the outset in legislation as a justifiable right for business, or after a period of monitoring and assessment. Another option would be for this element of the non-discrimination principle to be given effect by other means, such as via robust administrative or intergovernmental processes.
Mutual recognition and non-discrimination will operate together to ensure fair trade within the UK Internal Market in goods, a UK Internal Market wide specific mutual recognition principle will be introduced.
Mutual recognition will be the default presumption but there are areas where mutual recognition will not be appropriate (‘exclusions’). As set out before, there have always been areas out of scope of the UK Internal Market, such as the Scottish legal system.[29]
For services, the effect of mutual recognition is already provided through the principles applied to authorizations under the Provision of Services Regulations 2009 and this effect will be retained explicitly as part of the system.
For both goods and services, these provisions will be supplemented by the non-discrimination principle. For goods, non-discrimination will apply within certain excluded areas such as procurement.
For services, the non-discrimination principle will contribute to preventing unnecessary barriers to service provision within the UK Internal Market For professional qualifications, a system will be introduced to ensure that professionals regulated a members territory will be able to seek recognition of their qualifications in all other members territories, allowing them to provide services. As with goods, the principle of non-discrimination could apply in certain areas of professional regulation that are exclusions from the core approach.
As set out below, the non-discrimination principle will also take account of obligations that apply under the Northern Ireland Protocol and legislative provisions on unfettered access for Northern Ireland businesses. Stakeholders are invited to comment on the scope of non-discrimination in Question 2 below.
Figure 5 below illustrates how mutual recognition and the non-discrimination principles will be implemented .
Figure 5. What the Scope of mutual recognition and non-discrimination for good will be.
| Regulation of goods in devolved areas | Reserved areas, tax, existing regulation, | |
| Mutual Recognition. | Out of scope of mutual recognition as not market access related (ND Applies)
|
Out of Scope of UKIM
(ND could still apply some areas) |
| Requirements Relating to the lawful sale of good (Including Common Frameworks) | Ancillary areas. e.g. manner of sale, transport / handling and some inspections, and procurement | |
Some areas will be excluded from mutual recognition and non-discrimination. Exclusions will be defined from the outset in legislation and will not be expected to change. If the UK government or a devolved administration introduces new regulation that falls within an exclusion, then the mutual recognition system will not apply to all or part of it as appropriate. The excluded categories will likely include:
areas out of scope of the UK Internal Market model as set out above, that is, UK government regulation in reserved areas, existing regulatory differences (which remain unchanged), tax and fiscal matters, and the provision of goods and services by public authorities (market activity from economic operators and professional qualifications would be covered)
regulation necessary to implement some international obligations
Non-discrimination will apply to the ancillary areas of regulation which are not directly related to the lawful sale of goods, (i.e. requirements on transportation, disposal, or the manner of sale of goods); and is considering whether and to what extent it should apply to public procurement, in particular for above-threshold procurements. Stakeholders are invited to comment on the application of non-discrimination to public procurement. In addition, the government is keen to obtain views on which other areas which have the potential to affect goods or services but are not covered by mutual recognition should also be covered by the principle of non-discrimination.
(See Citation link for more detail) .[30]
Dispute resolution
System being used for dispute resolution
The United Kingdom Courts will be responsible for dealing with any dispute resolution that may occur. [31]
Lord Callanan has told peers in the House of Lords
“ that judges will decide”
Replying to Plaid Cymru’s Lord Wigley question regarding the need for a dispute resolution procedure Lord Callanan said
“ I hope there won’t be any disputes, but if there were they would be legal disputes and the correct forum for resolving legal disputes is through the court system.”
Lord Callanan has also said that [32]
“We have no intention of setting up an alternative dispute resolution procedure when we have one of the best and most efficient court systems in the world to resolve disputes.”
UK Courts and legal systems
| Country | Legal System | Court System |
|---|---|---|
| United Kingdom
(as a whole) |
Law of the United Kingdom | UK Supreme Court |
| England | English Law | Courts of England and Wales |
| Scotland | Scots Law | Courts of Scotland |
| Wales | Welsh Law | Courts of England and Wales |
| N.Ireland | Law of Northern Ireland | Courts of Northern Ireland |
Free travel within the UK Internal Market
Free travel within the United Kingdom was first introduced through article 4 of the Treaty of Union 1707, and was formalised through the Union with England Act 1706 & Union with Scotland Act 1707 article 4.[33]
In 1923 the United Kingdom created the Common Travel Area which includes The Channel Islands (Guernsey & Jersey), Isle of Man and the Republic of Ireland and extended free travel to everyone within the area.[34]
Benefits and criticism
Plans for UK's internal market, post-Brexit, question constitutional issues, for instance on the way of resolving dispute.[35]
Constituent Countries (UK Members) Information
| Country (s) | Devolved
Parliament |
First Minister | UK Government
Representative Office |
Area km2 | Area (sq mi) | Population | (Nominal GDP)
Total |
(GDP)
Per Capita |
|---|---|---|---|---|---|---|---|---|
| England | (E.V.E.L)
UK Parliament |
Prime Minister of the United Kingdom | None | 130,279 km2 | (50,301 sq mi) [9] | 56,286,961 [36] | £1.8 trillion [37] | £33,000
($44000) |
| Scotland | Scottish Parliament | First Minister of Scotland | Scotland Office | 77,933 km2 | (30,090 sq mi)[38] | 5,463,300 [37] | £138 billion[39] | £25,500 |
| Wales | Welsh Parliament | First Minister of Wales | Wales Office | 20,779 km2 | (8,023 sq mi) | 3,153,000 [40] | £75 billion
($100B) [41] |
£23,900
($31867) |
| N.Ireland | Northern Ireland Assembly | First and Deputy First Minister of N.Ireland | Northern Ireland Office | 14,130 km2 | (5,460 sq mi) [42] | 1,893,700 [43] | £49 billion [44] | £26,000 |
Devolution
See also
Laws in the United Kingdom International Trade
Other Internal Markets in the UK
EU Exit
External Sources
2017, Professor Imelda Maher MRIA, The Common Travel Area: More Than Just Travel, British Academy
External links
UK Internal Market Hub
- UK Single Market Centre (UK)
- UK Internal Market (Parliamentary Business) (Scotland)
- Welsh External Affairs and Additional Legislation Committee (Wales)
- Research and Information Service (RaISe) (N.Ireland)
Creates the Internal Market Legislation
- Department for businesses energy and industrial strategy
- Department for International Trade
- Cabinet Office
References
- ^ "Government consults on legislation to underpin the UK internal market: We want your views". National Farmers Union (NFU). July 17, 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ "Policy paper Customs arrangements with the Crown Dependencies". Gov.UK. 28 November 2018.
{{cite web}}: CS1 maint: url-status (link) - ^ "The Customs (Tariff-Free Access for Goods from Overseas Territories) Regulation". Gov.UK. 14 March 2019.
{{cite web}}: CS1 maint: url-status (link) - ^ "Market access arrangements for financial services between the UK and Gibraltar: a consultation". Gov.UK. 11 March 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ Murphy, Sean (July 26, 2019). "Boris Johnson gives himself 'Minister for the Union' title". The Scotsman.
{{cite web}}: CS1 maint: url-status (link) - ^ "The Articles of Union,". The Scottish Archive for Schools.
{{cite web}}: CS1 maint: url-status (link) - ^ ""Common UK policy frameworks"". Business Sennedd. October 26, 2017.
{{cite web}}: CS1 maint: url-status (link) - ^ McCall, Chris (July 14, 2020). "Scotland must accept UK rules on food, and the environment under 'internal market' plans". Daily Record.
- ^ a b Region and Country Profiles, Key Statistics and Profiles, October 2013, ONS. August 9, 2015.
- ^ "World Population Prospects". UN. March 31, 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ 30 October 2019, Economic Outlook Database,IMF
- ^ "United Kingdom (HDI)". United Nations. 2018.
{{cite web}}: CS1 maint: url-status (link) - ^ "The impact of union to 1715". BBC.
{{cite web}}: CS1 maint: url-status (link) - ^ research, senedd (February 19, 2020). "UK common policy frameworks: The story so far". Senedd Research.
{{cite web}}: CS1 maint: url-status (link) - ^ https://ukandeu.ac.uk/northern-ireland-and-the-conundrum-for-the-uk-internal-market-after-brexit/
- ^ Association, Press (July 15, 2020). "As Brexit approaches, UK government promises 'power surge' to Belfast". Breaking News.ie.
{{cite web}}: CS1 maint: url-status (link) - ^ "UK internal market: policy option proposals". Gov.UK. July 16, 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ Daly, Patrick (September 6, 2020). "Leaving EU without a deal would be good outcome for UK, says PM Boris Johnson". Belfast Telegraph.
{{cite news}}: CS1 maint: url-status (link) - ^ "Brexit: What is the UK Internal Market Bill and why does it matter?". Coast FM West Cornwall. September 7, 2020.
{{cite news}}: CS1 maint: url-status (link) - ^ "Northern Ireland Secretary admits new bill will 'break international law'". BBC News. 8 September 2020. Retrieved 9 September 2020.
- ^ "Brexit: PM defends planned changes to Withdrawal Agreement". BBC News. 9 September 2020. Retrieved 9 September 2020.
{{cite news}}: Cite has empty unknown parameter:|1=(help) - ^ "The UK internal market proposals: intergovernmental relations". Spice Spotlight. July 16, 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ Terrence, David (July 27, 2020). "Intergovernmental relations and the UK "Internal Market"". Commons Library.
{{cite web}}: CS1 maint: url-status (link) - ^ "UK Internal Market". Parliament.UK.
{{cite web}}: CS1 maint: url-status (link) - ^ "WHITE PAPER ON UK INTERNAL MARKET: ISSUES OF EXCEPTIONAL ECONOMIC, POLITICAL AND CONSTITUTIONAL IMPORTANCE FOR THE UNITED KINGDOM". Wyeside Consulting Ltd. July 16, 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ Internal Trade, Dept. (July 16, 2020). "UK Internal Market". Gov.UK.
{{cite web}}: CS1 maint: url-status (link) - ^ "Government action to optimise UK internal market". IDG. July 21, 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ Clarke, Osbourne (July 23, 2020). "Brexit Transition Countdown: The UK is leaving the Single Market…and so will have to legislate for its own Internal Market". Osbourne Clark.
{{cite web}}: CS1 maint: url-status (link) - ^ GILLOW, HARRY (July 20, 2020). "The UK Internal market White Paper: is it really an assault on devolution?". EU Relations Law.
{{cite web}}: CS1 maint: url-status (link) - ^ Alok Sharma MP, Rt Hon (July 6, 2020). "UK Internal Market". Gov.UK.
{{cite web}}: CS1 maint: url-status (link) - ^ Davidson, Gina (July 29, 2020). "Brexit: Peers told judges will decide on disputed powers". The Scotsman.
{{cite web}}: CS1 maint: url-status (link) - ^ O'Toole, Emer (July 29, 2020). "SNP say making judges solve Brexit power grab shows 'disregard' for Scotland". The National.
{{cite web}}: CS1 maint: url-status (link) - ^ "Articles of the Treaty of Union Agreed on by the Commissioners of Both by Lords Commissioners for the Union of the Kingdoms of England and Scotland". Google Books. May 1, 1707.
{{cite web}}: CS1 maint: url-status (link) - ^ Respectively by the Aliens Order 1925 (Ireland) [1] and the Aliens Order 1925 (UK).
- ^ https://www.bbc.com/news/53456419
- ^ "Population estimates for the UK". O.N.S.
{{cite web}}: CS1 maint: url-status (link) - ^ a b ONS. "Regional gross value added (income approach), UK: 1997 to 2018, December 2015". Retrieved 24 April 2017.
{{cite web}}: CS1 maint: url-status (link) Cite error: The named reference "GVA" was defined multiple times with different content (see the help page). - ^ Region and Country Profiles, Key Statistics and Profiles, October 2013, August 9, 2015, ONS.
- ^ O.N.S (April 24, 2017). "Regional gross value added (income approach), UK: 1997 to 2017, December 2015".
{{cite web}}: CS1 maint: url-status (link) - ^ "Mid year estimates of the population". gov.wales. June 26, 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ "Regional economic activity by gross value: UK 1998 to 2018". O.N.S. December 12, 2018. Retrieved April 27, 2019.
{{cite web}}: CS1 maint: url-status (link) - ^ "The Countries of the UK". O.N.S. July 7, 2015.
{{cite web}}: CS1 maint: url-status (link) - ^ "Population estimates". O.N.S. July 18, 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ Regional Economy Activity, December 19, 2019, O.N.S