Amendments included: removal of the greatly criticised clauses in Part V that would permit a breach of international law by allowing the Government to override parts of the UK-EU Withdrawal Agreement as well as ouster clauses to prevent recourse to the courts; clauses to require adherence to the Common Framework devolution programme; clauses removing the delegated powers of Ministers to make regulations regarding market access, instead requiring primary legislation; clauses to separate the Office for the Internal Market (OIM) from the Competition and Markets Authority (CMA); removal of the provisions giving the Government the power to provide financial assistance to any part of the United Kingdom and making subsidy control a ‘reserved competence’ under the devolution arrangements.
Lords consideration of Commons amendments and ‘ping-pong’ between the two Houses was scheduled for the afternoon of Wednesday December 9. It was anticipated that the Lords would stand firm and send the Bill back to the Commons in regard to the provisions permitting a breach of international law. Mr Michel Barnier warned on Monday that if those provisions remained in the Bill there would be no deal with the EU. It was not clear whether the Lords would stand firm more than once.
A statement issued by No.10 before the debate on Monday offered an olive branch: ‘If the solutions being considered in those discussions are agreed, the UK government would be prepared to remove clause 44 of the UK Internal Market Bill, concerning export declarations. The UK government would also be prepared to deactivate clauses 45 and 47, concerning state aid, such that they could be used only when consistent with the UK's rights and obligations under international law.’
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