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Chamber and committees

Constitution, Europe, External Affairs and Culture Committee


Northern Ireland Protocol Bill Legislative Consent Memorandum

Background

The Northern Ireland Protocol Bill was introduced by the UK Government on 13 June 2022.

Chapter 9B of the Standing Orders sets out the rules and procedures for UK Parliament Bills making provision requiring the Scottish Parliament’s consent. The Northern Ireland Protocol Bill falls under Rule 9B.1.1 of the Standing Orders as a ‘relevant Bill’ as it makes provision applying to Scotland for purposes within the legislative competence of the Parliament; makes provision which alters the legislative competence of the Scottish Parliament; and makes provision which alters the executive competence of the Scottish Ministers.

On 19 August 2022, the Scottish Government lodged a legislative consent memorandum (LCM) which states that it does not intend to lodge a legislative consent motion in connection with the Bill and recommends that the Parliament not give its consent to the Bill. On 29 June 2022, the Parliament agreed motion S6M-05235 which called on the UK Government to “withdraw the Northern Ireland Protocol Bill and restart negotiations with the EU”.

On 21 September, under Rule 9B.3.5 of the Standing Orders, the Parliamentary Bureau referred the LCM to the Constitution, Europe, External Affairs and Culture Committee (‘the Committee’) to consider and report on the LCM. The Delegated Powers and Law Reform Committee also considered the LCM at its meeting on 4 October.

At its meeting on 6 October 2022, the Committee agreed to focus its scrutiny of the LCM on the issues raised in its recent report on ‘The Impact of Brexit on Devolution’. The Committee agreed to focus in particular on the concerns identified in its report in relation to the operation of the Sewel Convention and the post-EU step change in the use of delegated powers both by UK Ministers and devolved Ministers.


Report 

On the 14th November 2022 the Committee published its report on the Legislative Consent Memorandum for the Northern Ireland Protocol (UK Parliament Legislation).


Following the publication of the Committees report on the Legislative Consent Memorandum for the Northern Ireland Protocol Bill (UK Parliament Legislation) the Convener wrote to:

The Presiding Officer, Rt Hon Alison Johnstone MSP

The Secretary of State for Housing, Levelling Up and Communities. Rt Hon James Cleverly MP

The Secretary of State for Foreign, Commonwealth and Development affairs. The Rt Hon Michael Gove MP

Response from UK Government Minister for Housing and Homelessness, Felicity Buchan MP, on the points made in the CEEAC Committee's reports on the Impact of Brexit on Devolution and the Northern Ireland Protocol Bill LCM.

Correspondence


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