The Public Administration and Constitutional Affairs Committee
today publishes its report Devolution and Exiting the
EU: Reconciling Differences and Building Strong
Relationships, and sets out how the UK government must
re-think devolution in the UK as the UK leaves the EU.
Leaving the EU will change the constitutional arrangements of the
UK in relation to the devolution settlements: the devolution
settlements were established in the context of EU membership and
this masked many key constitutional questions and ambiguities
that will now become more pressing. In recognition of the
significance of devolution to the UK’s constitutional
arrangements, PACAC recommends the Government publish a
“Devolution Policy for the Union”.
PACAC finds that it is highly regrettable that there was little
consultation with the devolved Governments over the EU
(Withdrawal) Bill, as this could have avoided much of the
acrimony that was generated. Draft legislation should be shared
with devolved governments to identify and work through issues in
advance.
While PACAC was pleased that the final form of the EU
(Withdrawal) Act 2018 addressed some of the concerns of the
devolved administrations, it is important that the Government
recognise that the reserved powers model of devolution means that
powers are devolved by default and not conferred by the UK
Parliament.
PACAC finds that there is considerable ambiguity surrounding the
Sewel convention and that the Government chose to interpret the
convention in such a way that the legislative consent of the
Scottish Parliament was deemed unnecessary. PACAC recommends that
clear statements of circumstances under which legislative consent
is not required by the convention be set out.
At a time when devolution has become an established feature of
the UK constitution, PACAC finds that a failure to address the
questions of England's place in that constitution and how the
different parts of England will be represented risks a sense of
increasing disconnection of the English people from the political
system. PACAC recommends that the Government set out, as part of
its “Devolution Policy for the Union”, a clear statement of how
the different parts of England should be fairly and effectively
represented; and the Government should consider devolving whole
areas of competence and not piece meal powers within England.
PACAC is concerned about the Government’s attitude to UK Common
Frameworks, which cover areas of devolved competence which
therefore require agreement between UK and devolved Governments
to achieve alignment of policy. The Government intends that
they should be developed and operated on a case by case basis.
PACAC calls on the Government to develop and publish a coherent
policy for the establishment, operation and monitoring of the UK
Common Frameworks.
PACAC argues that the current inter-governmental relationship
mechanisms are not fit for purpose and are the missing part of
the current devolution settlement. It recommends that a new
inter-governmental relationship system be set out in statute and
include a separate representation for England. PACAC also
recommends that a new system for inter-parliamentary scrutiny
needs to be established to hold the Governments of the UK to
account. It invites the Clerks of the four Parliaments and
Assemblies to produce a proposal for an inter-parliamentary body
to scrutinise UK Common frameworks.
PACAC Chair, Sir , said “Leaving the
EU will change the UK’s constitutional arrangements, so it needs
a re-think. We recommend the Government sets out a clear
devolution policy for the Union as we leave the EU. Failure to do
this just prolongs misunderstandings which are the basis for more
conflict. The present machinery for developing inter-governmental
relations is flimsy, and there is nothing to give the various
parts of England a say. Ignoring this risks the future relations
within the UK. We set out a path to reconciling differences and
building strong relationships across the UK, which recognises
that many parts of England have more in common with parts of
Scotland, Wales or Northern Ireland than they do with London and
the South East.”
FURTHER INFORMATION:
Committee Membership is as follows:
Sir (Chair) (Harwich and North
Essex) (Conservative); (Inverclyde)
(SNP); Mr (Newport West)
(Labour);
(Yeovil) (Conservative); Rt Hon Dame
(Chesham and
Amersham) (Conservative); (Luton North)
(Independent); Dr
Rupa Huq (Ealing Central and
Acton) (Labour); Rt Hon (Clwyd West)
(Conservative); (Ipswich)
(Labour); (Morecambe and
Lunesdale) (Conservative); (Hampstead
and Kilburn) (Labour).
