The SNP has launched an attack on Ian Murray over not pushing to repeal key post Brexit legislation which he voted against while in opposition.

Kenneth Gibson, the party's MSP who is convener of Holyrood's finance committee, pointed out to The Herald the Scottish Secretary, who is Labour MP for Edinburgh South, opposed the Conservative Government's internal market act as it went through the Commons.

Mr Murray argued at the time it was "bad and damaging" and undermined devolution and breached international law.

"I firmly believe in the need for a strong internal market so businesses can trade freely across the UK’s four nations, which will be vital for our economy and shared prosperity. I recognise that new legislation is required to ensure the smooth, effective working of the internal market across the UK, but this is a bad and damaging bill," he wrote in September 2020.

SNP MSP Kenneth Gibson: (Image: Ken Jack)

"I opposed the internal market bill at Second Reading and Third Reading in the House of Commons because it undermines the Withdrawal Agreement from the EU already agreed by Parliament, because it reopens discussion about the Northern Ireland Protocol that has already been settled and it undermines the UK’s devolution settlements, and because it breaches international law and would tarnish our global reputation as a law-abiding nation and weaken our ability to enforce other international trade deals and protect jobs and the economy." 

Mr Gibson said Mr Murray's government now had the power to repeal the act yet had no plans to do so.

“Ian Murray in opposition described the internal market bill as 'bad and damaging' – now he sits around the cabinet table with the power to repeal this anti-democratic legislation," he said.

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“The Secretary of State for Scotland voted against the bill as he rightly pointed out it undermined devolution and breached international law. This is still the case today and he knows it – what exactly is the Labour UK government waiting on to take action?

“So far it appears that principles or values belonging to the Labour Party are long gone – as is clear from their commitment to Tory fiscal rules, leading to decisions such as cutting the winter fuel payment – and that includes any respect for Scottish democracy.

“As long as the internal market act is in force, Scottish democracy will be undermined."

At the end of the UK transition period with the EU, the UK left the EU single market meaning that the legal underpinnings for free trade in goods and services between the four nations fell away. 

To prevent new barriers to intra-UK trade from emerging the Conservative Government proposed a new legal framework: the United Kingdom Internal Market Bill with the bill introduced into the House of Commons in September 2020.

Tory ministers said the bill would contribute to general welfare and prosperity in all nations of the UK and that "a UK internal market"provide uniform trading standard across the UK. 

However, the SNP and the Scottish Government argued the legislation amounted to a "power grab" on Holyrood - a matter disputed by the UK Government.

After the bill was passed Michael Russell, the then Cabinet Secretary for the Constitution, Europe and External Affairs, wrote in March 2021 that the "most alarming of developments since Brexit" was the passage at Westminster of the Internal Market Act, "which substantially weakens the ability of the Scottish Parliament to legislate effectively in devolved policy areas."

He said: "This act gives a UK Government minister the power, at a stroke of his or her pen, to subject Scotland’s NHS to what are called “market access” principles, by unilaterally changing the scope of the legislation."

He added: "The internal market act means that if chlorinated chicken and hormone-injected beef are accepted for sale in England after a trade deal with the US, then they would have to be accepted for sale in Scotland too.

"And any future legislation in Scotland to ban single use plastics and the environmental damage they cause, or measures to tackle health issues such as obesity, could be rendered ineffective."

A UK Government spokeswoman said: “This government’s mission is to drive economic growth and resetting and strengthening relations with the Devolved Governments is key to that. We are committed to engaging with the Devolved Governments as we take this work forward.”