Cameron Miranda
The Internal Market Bill (IMB) is a piece of legislation introduced in the UK in 2020 to ensure there are no internal barriers to trade within the UK following the end of the Transition Period. However, the bill has been criticised for breaching international law. The IMB grants the UK Government powers to unilaterally override the Northern Ireland Protocol, which was agreed as part of the Withdrawal Agreement. This creates the possibility that parts of the Withdrawal Agreement will not be directly enforceable in the UK, threatening fair competition and the integrity of the single market. The bill also lays the ground for further breaches of domestic law.
| Characteristics | Values |
|---|---|
| The Internal Market Bill grants the UK Government powers to unilaterally override the Northern Ireland Protocol | The UK agreed to ensure that the provisions of the Withdrawal Agreement (which include the Northern Ireland Protocol) were directly enforceable in the UK |
| The Internal Market Bill breaches substantive obligations undertaken by the government | The EU may consider this to threaten fair competition and the integrity of the single market |
| The Internal Market Bill breaches international law | It will be harder to do deals with partners, including the EU, if the UK has a reputation for reneging on its promises |
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What You'll Learn
The Internal Market Bill breaches the Withdrawal Agreement
The Internal Market Bill also makes it harder for the UK to uphold the rules-based international order, which Boris Johnson has argued is an "overwhelming benefit for the world as a whole". British diplomats may find it more difficult to do deals with partners, including the EU, if the UK has a reputation for reneging on its promises.
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The Bill undermines the Northern Ireland Protocol
The Internal Market Bill (IMB) grants the UK Government powers to unilaterally override the Northern Ireland Protocol. This is in direct conflict with the Withdrawal Agreement, which the UK agreed to ensure was directly enforceable in the UK. The IMB creates the possibility that parts of the Withdrawal Agreement will not be directly enforceable in the UK. This means that the UK is at risk of substantively breaching the Withdrawal Agreement and, therefore, international law.
The Northern Ireland Protocol is a key part of the Withdrawal Agreement, and it is designed to ensure that there is no hard border between Northern Ireland and the Republic of Ireland. The Protocol keeps Northern Ireland in the EU's single market for goods and means that some checks are required on goods moving between Northern Ireland and Great Britain. The IMB would allow the UK to override these checks, which could threaten fair competition and the integrity of the single market.
Because of the special dispute resolution processes in the Northern Ireland Protocol, the European Commission could take action against the UK itself and enforce the treaty against the UK at the European Court of Justice. This could result in a formal dispute under the Withdrawal Agreement, which could ultimately be submitted to arbitration.
The IMB also lays the ground for the UK to break more domestic and international laws in the future. This could damage the UK's reputation and make it harder to do deals with partners, including the EU. It also undermines the UK's commitment to a rules-based international order.
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The UK's reputation for reneging on promises
The bill also lays the ground for the UK to break more laws in the future. For example, because of the special dispute resolution processes in the Northern Ireland Protocol, the European Commission would be able to take action against the UK itself and enforce the treaty against the UK at the European Court of Justice. This means that although the breach of Article 4 is considered "specific", the breaches the bill leaves open to the government are much more extensive.
The UK's reputation for reneging on its promises will make it harder to do deals with partners, including the EU. British diplomats should not be surprised if, the next time they read the riot act to the representatives of another state about a breach of international law, they are told that it was only "specific and limited". Boris Johnson himself has argued that “the rules-based international order which we uphold in Global Britain is an overwhelming benefit for the world as a whole”. However, the Internal Market Bill makes that a harder case for the UK to make.
If the bill passes but the powers in it are not used, it would still be possible for the EU to open a formal dispute under the Withdrawal Agreement and, ultimately, to submit the dispute to arbitration. It would ultimately be a political judgement for the EU whether that was worth it.
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The Bill threatens fair competition and the integrity of the single market
The Internal Market Bill (IMB) threatens fair competition and the integrity of the single market by granting the UK Government powers to unilaterally override the Northern Ireland Protocol. This protocol is part of the Withdrawal Agreement, which the UK agreed to ensure was directly enforceable in the UK. The IMB creates the possibility that parts of the Withdrawal Agreement will not be directly enforceable in the UK, which would be a breach of substantive obligations undertaken by the government. This could threaten fair competition and the integrity of the single market, as the European Commission would be able to take action against the UK and enforce the treaty at the European Court of Justice.
The IMB has been introduced to ensure that there are no internal barriers to trade within the UK following the end of the Transition Period. Currently, the constituent parts of the UK all uniformly conform to EU standards on goods and services. However, by granting the UK Government powers to override the Northern Ireland Protocol, the IMB could create internal barriers to trade within the UK and threaten the integrity of the single market.
If the bill passes but the powers in it are not used, the EU could open a formal dispute under the Withdrawal Agreement and submit the dispute to arbitration. This would be a political judgement for the EU to make. However, it is clear that the IMB threatens fair competition and the integrity of the single market, as it could lead to a breach of substantive obligations and create internal barriers to trade within the UK.
The IMB also makes it harder for the UK to uphold the rules-based international order, as it could be seen as reneging on its promises. This could damage the UK's reputation and make it harder to do deals with partners, including the EU. Overall, the IMB threatens fair competition and the integrity of the single market by granting the UK Government powers to override the Northern Ireland Protocol, creating the possibility of internal barriers to trade, and potentially damaging the UK's reputation.
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The Bill leaves the government open to extensive breaches
The Internal Market Bill (IMB) leaves the government open to extensive breaches of international law. The UK agreed to ensure that the provisions of the Withdrawal Agreement (which include the Northern Ireland Protocol) were directly enforceable in the UK. However, the IMB grants the UK Government powers to unilaterally override the Northern Ireland Protocol. This means that parts of the Withdrawal Agreement will not be directly enforceable in the UK. This would be a breach of substantive obligations undertaken by the government, which the EU may consider to threaten fair competition and the integrity of the single market.
Because of the special dispute resolution processes in the Northern Ireland protocol, the European Commission would be able to take action against the UK itself, and enforce the treaty against the UK at the European Court of Justice. The IMB has been introduced to ensure that there are no internal barriers to trade within the UK following the end of the Transition Period. However, it means that the UK is ever closer to substantively breaching the Withdrawal Agreement and international law. If the bill passes but the powers in it are not used, then it would be possible for the EU to open a formal dispute under the Withdrawal Agreement and, ultimately, to submit the dispute to arbitration.
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Frequently asked questions
The Internal Market Bill grants the UK Government powers to unilaterally override the Northern Ireland Protocol, which is part of the Withdrawal Agreement. This means that the UK could override the exit procedures for goods moving from Northern Ireland to Great Britain, which would be a breach of international law.
The Northern Ireland Protocol is part of the Withdrawal Agreement, which the UK agreed to ensure was directly enforceable in the UK.
The Withdrawal Agreement is an agreement between the UK and the EU that sets out the terms of the UK's withdrawal from the EU.
If the bill becomes law, it will be harder for the UK to do deals with partners, including the EU, as the UK will have a reputation for reneging on its promises.
If the bill passes but the powers in it are not used, the EU could open a formal dispute under the Withdrawal Agreement and submit the dispute to arbitration.
