Deputy First Minister Kate Forbes has called on the UK Government to "restore the democratic voice of the Scottish Parliament" by repealing the Internal Market Act and provide full restoration of devolved powers on trade.
The act, introduced by the previous UK administration, seeks to avoid the introduction of tariffs or quotas that could have been imposed by devolved administrations post-Brexit.
A Scottish Government Position Paper on the Internal Market Act 2020 says the act should be repealed and replaced with a system built around the Common Frameworks approach and agreed by all devolved administrations and the UK Government.
Two votes in the Scottish Parliament, in October 2023 and February 2025, have called for the full restoration of the powers of the Scottish Parliament but have not progressed.
Ms Forbes said: “The Scottish Government’s position is clear, we must see the full restoration of the powers of the Scottish Parliament. The Internal Market Act should be repealed and the UK Government must work with the devolved governments to deliver an agreed and workable alternative.
“The Act was imposed by the previous UK Government without the consent of any devolved legislature. It remains the single greatest impediment to more effective and respectful intergovernmental relations.
“Neither the Scottish Parliament nor any of the other devolved legislatures gave their consent to the Act. It has introduced radical uncertainty as to the effect of devolved laws, effectively introducing a far-reaching and unpredictable new constraint on the powers of the Scottish Parliament.
“It also provides UK Ministers with an open-ended power effectively to nullify laws passed by a democratically elected – and accountable – legislature.
“It is deeply regrettable that the UK Government explicitly ruled out repealing the Internal Market Act before it began the review process and consultation but this new paper offers them an opportunity to work with the Scottish Government to restore the democratic voice of the Scottish Parliament.”