Scotland’s Place in Europe

SCOTLAND’S PLACE IN EUROPE | 19
Beyond the marketplace: social inclusion, societal challenges and the European
Single Market
70. As we noted at the beginning of this chapter, the European Single Market is more
than a purely economic arrangement. In addition to the considerable economic
benefits we derive from membership, it has also become a framework that is
capable of protecting and advancing individual and collective rights, as well as a
range of broader societal interests. European Single Market legislation embraces
and promotes a wide range of measures that protect, and advance, the rights and
interests of workers. These include employment rights, social protection, equality
rights, social inclusion and disability rights. Moreover, as consumers we have
benefited from EU rules and as a society we have achieved a high level of
environmental protection and measures to combat climate change. This owes much
to the EU legislative framework and the EU’s international standing.
71. There are understandable and real concerns that Brexit will place at risk a number
of these protections and achievements which represent a “floor” or “baseline”
beneath which national rules cannot fall (this does not prevent any Member State
aspiring to higher levels of social protection). The Scottish Government is
determined this cannot be permitted to happen. Brexit must not be an opportunity
for any regression in the advances in social protection that have been secured
through EU legislation. These rights are most easily protected, and the principle of
“no regression” upheld, by Scotland remaining within the European Single Market.
That is yet another key reason the Scottish Government places such a high
premium on continued membership of the European Single Market.
72. However, as we make clear later in this paper, if that proves not to be possible and
Scotland finds it is no longer a member of the European Single Market, then it is
imperative that the necessary powers to protect the rights our workers and citizens
presently enjoy are devolved to the Scottish Parliament. That will ensure it is the
people of Scotland who will determine the social protection and social inclusion
framework within which they work and live.
73. There are legitimate concerns that if Scotland is outside the European Single Market
and its legislative framework there will be less pressure on the UK Government to
maintain the high standards of protection we enjoy under European Single Market
rules. The body of European Single Market law which has developed in these policy
areas, constituting some of the rights and protections we value highly, ensures a
level playing field in which participating countries meet the same fundamental
standards. In other words, it prevents members of the European Single Market
engaging in a “race to the bottom” in the rights and interests afforded to us as
workers, consumers and as members of society.
74. That is why the Scottish Government is determined to secure the further devolution
of the powers necessary to protect these interests and continue to promote social
protection and social inclusion under any post-Brexit scenario. However, we would
wish to do so as a member of the European Single Market – this is a wellestablished
framework for mutual co-operation and collaboration which has a
proven record in delivering the benefits of collective action.