14 November 2022
A UK Bill which provides the basis to amend the operation of the Northern Ireland Protocol is further evidence that constitutional arrangements between the UK Government and the devolved governments must be reset.
This is the conclusion of a report issued today by the Constitution, Europe, External Affairs and Culture Committee on the Bill’s Legislative Consent Memorandum (LCM).
The Committee is clear that relations between the UK Government and the devolved governments, as well as those between parliaments and executives across the UK, are not working as well as they should and this needs to be addressed.
Speaking as the report published, Committee Convener Clare Adamson MSP said:
“Our Committee has already reported on concerns about the risks for devolution as a result of the exit from the EU. Our consideration of this Bill reinforces those concerns.
“The Committee’s view is that the scope of the delegated powers in this Bill need to be viewed within the wider context of the scope of delegated powers in other Bills related to the UK leaving the EU. Taken together, this presents a significant risk to the balance of power between the Executive and the Legislature both at a UK and devolved level.
“We have also previously reported that in our view the Sewel Convention is under strain following Brexit. Our consideration of this LCM reinforces that view.”
As part of the recommendations from the report, the Committee has agreed to write to Michael Gove MP whose department is responsible for intergovernmental relations with a view to discussing these issues.
The Committee will also write to the Presiding Officer highlighting the significant risk to the balance of power between the Executive and the Legislature both at a UK and devolved level and will copy the letter to the Speaker of the House of Commons, the Lord Speaker and the Presiding Officer of the Welsh Senedd.
The UK Government introduced the Northern Ireland Protocol Bill on 13 June 2022.
Further information on the Northern Ireland Protocol Bill
The Scottish Government lodged an LCM on 19 August 2022.
The LCM recommends that the Parliament does not give its consent to the Bill. The LCM also states that the Scottish Government does not intend to lodge a legislative consent motion in connection with the Bill.
In its report, the Committee also noted that the Scottish Parliament agreed the following motion without division on 29 June 2022 –
“That the Parliament agrees that it is fundamentally unacceptable for the UK Government to unilaterally disapply key parts of the EU-UK Withdrawal Agreement, the signing of which the Prime Minister hailed as a “fantastic moment”; further agrees that by proposing this course of action the UK Government is risking a disastrous trade dispute with the European Union, with damaging consequences for Scotland in the midst of a cost of living crisis and at a time when the UK is in danger of falling into recession; condemns that the Bill breaks international law and risks the integrity of the Good Friday Agreement, and calls, therefore, on the UK Government to withdraw the Northern Ireland Protocol Bill and restart negotiations with the EU immediately.”
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