UK internal market: initial assessment of UK Government proposals

Initial Scottish Government assessment of the threat to devolution, regulatory standards, businesses and jobs.


Governance arrangements

The proposals on governance lack detail: on the nature of the body to be established, its composition, its accountability and especially its functions in terms of market surveillance and the enforcement tools it might have at its disposal.  The Scottish Government does not believe the case has been made for the establishment of an oversight body.  Even if one were to be  established it could not have a meaningful role unless it also had power over reserved matters , which  cover most issues  within the European Single Market (for example, company law, competition law, employment law).   It is difficult to see what justification there would be in establishing a market surveillance body whose functions were limited to devolved matters yet there is no proposal to affect reserved matters at all, and could not be given the claimed sovereignty of the UK Parliament.

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