European Union (Withdrawal) Bill: Implications for devolution

Author (Corporate)
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Series Title
Series Details (2017-19) HC375
Publication Date 19/11/2017
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Key findings

+ Repatriation of powers

Ahead of the House of Common's consideration of the devolution sections of the European Union (Withdrawal) Bill, the Scottish Affairs Committee called on the UK Government to agree with the Scottish Government and other devolved administrations which powers being repatriated from Brussels would be subject to common UK frameworks, and which would be devolved directly to the Scottish Parliament. The Committee called on the UK Government to publish the outcome of these discussions in time for the final Commons stage of the Bill, so that MPs had clarity about how the Bill would affect Scotland's devolution settlement.

+ Agreement of common frameworks

The Committee welcomed the Secretary of State for Scotland's statement that, where it was agreed a UK-wide approach would needed in areas previously covered by EU rules, these common UK frameworks would not be imposed by the UK Government. The UK Government must now work with the devolved administrations to agree these frameworks, and establish what new intergovernmental machinery will be needed to support them. The Committee stated that common frameworks should require the consent of all relevant governments.

+ Use of delegated powers by UK ministers

The Committee also recommended that UK ministers sought the consent of Scottish ministers before exercising delegated powers in devolved areas of responsibility.

Background information

On 13 July 2017 the United Kingdom Government introduced the >European Union (Withdrawal) Bill. The Bill set out the procedures and processes by which the current body of EU law wwould be converted into UK law upon the UK’s exit from the EU.

The Joint Ministerial Committee (JMC) on EU negotiations, chaired by Rt Hon Damian Green MP, First Secretary of State and Minister for the Cabinet Office, brought together the devolved administrations of Scotland, Wales and Northern Ireland.

Responding to the introduction of the European Union (Withdrawal) Bill, First Minister of Scotland Nicola Sturgeon and First Minister of Wales Carwyn Jones issued a joint critical statement.

'The European Union (Withdrawal) Bill does not return powers from the EU to the devolved administrations, as promised. It returns them solely to the UK government and Parliament, and imposes new restrictions on the Scottish Parliament and National Assembly for Wales.

Following a meeting in Edinburgh on the 22 August 2017 First Minister of Wales Carwyn Jones and First Minister of Scotland Nicola Sturgeon agreed to work together on amendments to the UK Government’s EU Withdrawal Bill.

The changes would be designed to protect devolved powers and responsibilities and provide effective powers to ensure devolved law works on withdrawal from the EU.

The First Ministers also committed to coordinate advice to the Scottish Parliament and Welsh Assembly to ensure that both were fully informed of the risks posed by the UK Government Bill and the proposed changes.

The fifth meeting of the Joint Ministerial Committee (EU Negotiations) took place in London on the 16 October 2017 bringing together the UK government with the devolved administrations of Scotland, Wales and Northern Ireland.

The previous meeting of the JMC (EU Negotiations) had taken place in Cardiff in January 2017.

Welsh Finance Secretary Mark Drakeford, who represented Wales, had said before the meeting that it was 'crucial opportunity to re-set the relationship between the UK Government and the Devolved Administrations'.

Minister for UK Negotiations on Scotland's Place in Europe, Michael Russell reported that a set of principles to guide negotiations around any potential UK or GB wide frameworks after Brexit had been agreed. However, he made clear that the Scottish Government continued to be unable to recommend that the Scottish Parliament gave consent to the EU Withdrawal Bill unless significant changes were made.

UK Prime Minister Theresa May met First Minister of Scotland Nicola Sturgeon at Downing Street on the 14 November 2017 to continue discussions.The Scottish Affairs Committee of the United Kingdom House of Commons published a report European Union (Withdrawal) Bill: Implications for devolution on the 19 November 2017.

The Committee reported that urgent action was needed to end a devolution stalemate on the repatriation of powers.

Source Link https://publications.parliament.uk/pa/cm201719/cmselect/cmscotaf/375/375.pdf
Related Links
BBC News, 14.11.17: Nicola Sturgeon describes talks with Theresa May as 'constructive' http://www.bbc.co.uk/news/uk-scotland-scotland-politics-41988930
United Kingdom: Parliament: Parliamentary Business: News, 19.11.17: Urgent action needed to end devolution stalemate on repatriation of powers http://www.parliament.uk/business/committees/committees-a-z/commons-select/scottish-affairs-committee/news-parliament-2017/eu-withdrawal-devolution-report-published-17-19/
UCL: The Constitution Unit, 07.09.17: Blog: The European Union (Withdrawal) Bill: legal implications for devolution (et al) http://www.europeansources.info/record/the-european-union-withdrawal-bill-legal-implications-for-devolution/
UK: GOV.UK: Prime Minister's Office: Press Release, 14.11.17: PM meeting with Nicola Sturgeon: 14 November 2017 https://www.gov.uk/government/news/pm-meeting-with-nicola-sturgeon-14-november-2017
The Guardian, 14.11.17: Scotland-UK Brexit deal closer after 'cordial' talks at No 10 https://www.theguardian.com/politics/2017/nov/14/scotland-uk-brexit-deal-closer-cordial-talks-no-10-may-sturgeon
Scotland: Government: Policies: Europe: EU negotiations https://beta.gov.scot/policies/europe/eu-negotiations/
The Scotsman, 15.11.17: [Editorial]: Nicola Sturgeon and Theresa May just shared a moment http://www.scotsman.com/news/opinion/leader-comment-nicola-sturgeon-and-theresa-may-just-shared-a-moment-1-4613479
Holyrood, 15.11.17: No agreement between Theresa May and Nicola Sturgeon over Brexit https://www.holyrood.com/articles/news/no-agreement-between-theresa-may-and-nicola-sturgeon-over-brexit
Holyrood, 19.11.17: MPs urge UK Government to provide clarity on how Brexit will affect devolution https://www.holyrood.com/articles/news/mps-urge-uk-government-provide-clarity-how-brexit-will-affect-devolution

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