The Citizens’ Assembly on Brexit: how did it work?

The conclusions reached by the Citizens’ Assembly on Brexit, composed of a politically and demographically representative group of 50 members of the public, were reported on this blog yesterday. In this post the Assembly’s Design and Facilitation Lead Sarah Allan tells the story of how the Assembly’s two weekends worked. 

Last weekend saw the finale of the Citizens’ Assembly on Brexit (CAB) and the announcement of its results. By its end, 50 members of the public – broadly representative of the UK population in terms of age, sex, ethnicity, social class, where they lived, and how they voted in last year’s referendum – had spent around twenty-eight hours considering what the UK’s trade and immigration policy should be post-Brexit.

The Assembly demonstrated not only that citizens can have a detailed and constructive conversation about options for Brexit, but also that they can enjoy doing it. Assembly members rated the Assembly an average of 5.5 out of 6 across the two weekends, with 86% of Assembly members saying they ‘strongly agreed’ with the statement ‘Assemblies like this should be used more often to inform government decision-making.’ A further 8% ‘agreed’.

So how did the Assembly work? This post tells the story of its two weekends.

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Citizens’ Assembly on Brexit: results and initial reflections

The Citizens’ Assembly on Brexit reached its climax yesterday. After two weekends of intense deliberation, the members voted on a range of options for the form they want Brexit to take in relation to trade and immigration. Their conclusions will surprise some, and they deserve detailed attention from politicians and commentators. Assembly Director Alan Renwick summarises these conclusions and reflects on the weekend as a whole. He argues that, while the Brexit debate is often presented in stark binary terms, the Citizens’ Assembly suggests that the British public are capable of much subtler thinking – if only they are given the chance.

In my last post on the Citizens’ Assembly on Brexit, I reported on a hugely successful first weekend of deliberations. In advance, we had, through stratified random selection, recruited a group of Assembly members who reflected the composition of the UK electorate in terms of age, sex, ethnicity, social class, where they lived, and how they voted in last year’s referendum (25 voted Leave, 22 voted Remain, and three did not vote). We had also developed a programme and set of briefing papers that had been vetted by our advisory board, comprising supporters of both sides in the referendum, as well as experts in balanced communication. At the first weekend itself, remarkably, every Assembly member attended. They showed immense dedication, working long hours as they reflected on their own views, discussed ideas with fellow members, listened to experts, and quizzed those experts in depth. The experts presented diverse perspectives, some emphasising the benefits of single market membership or immigration, while others pointed out the costs of high immigration or argued for the advantages of cutting free from the single market and customs union. Our team of professional facilitators from Involve did a superb job of guiding proceedings and keeping the discussions on track.

This time I can report on an equally successful second – and final – weekend. Attendance was again astonishingly high: every member but one (who was ill) returned. Once again, all (and I do mean all) were tremendously focused and limitlessly good humoured. Members naturally did not always share each other’s views, but they listened and spoke respectfully and genuinely. Our facilitation and support teams were again inspirational. It was a privilege to be there.

While the first weekend focused on learning, the second was all about deliberation and decision-making. We began on Friday evening with short talks and Q&A sessions with two prominent politicians: Graham Brady MP, chair of the Conservative backbench 1922 Committee, spoke for leaving the single market and customs union; Labour MP Kate Green advocated the opposite. Thereafter, there were no more external speakers. The weekend was devoted to the Assembly members, who reflected on what they wanted post-Brexit policy-making to achieve and then on which policy options they wanted the government to pursue.

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A reset of intergovernmental relations on Brexit is needed to break the deadlock over the EU Withdrawal Bill

The EU Withdrawal Bill has exacerbated the already serious tensions between the UK and the devolved governments over Brexit. Akash Paun argues that the underlying problem is a lack of trust between the governments, and that to break the deadlock there must be a revival of intergovernmental mechanisms and compromise on all sides.

The EU Withdrawal Bill will take the UK out of the European Union while providing that all European law be imported into domestic law to avoid a regulatory black hole after Brexit.

The bill creates wide-ranging powers for ministers to amend this huge body of ‘retained EU law’ to ensure it will be ‘operable’ outside the EU and to reflect the terms of the withdrawal agreement.

In Edinburgh and Cardiff, there are serious concerns about the impact of the bill on devolution and on the balance of power within the UK. The Scottish and Welsh Governments have announced that they oppose granting the bill devolved consent, which Whitehall recognises should be sought under the Sewel convention.

The EU Withdrawal Bill sets a default that EU powers return to Westminster

The central point of contention is clause 11. At present, the devolved parliaments cannot pass legislation that is incompatible with EU law. Clause 11 replaces this constraint with a new provision preventing them modifying the new category of ‘retained EU law’.

This means all powers currently exercised at EU level will initially flow back to Westminster. There is further provision for some of these powers to be ‘released’ to the devolved level, but at the discretion of UK ministers.

The Whitehall view is that new frameworks will be required to coordinate policy currently held constant across the UK by EU law in areas such as environmental regulation, agricultural policy, state aid and aspects of justice and transport.

These frameworks might be needed to prevent new barriers to economic activity within the UK, to ensure the UK can strike comprehensive trade deals, to comply with international obligations or to manage common resources such as fisheries.

A long list of policy domains where EU and devolved powers intersect has been published. For Scotland there are 111 areas mentioned. But the extent to which new frameworks will be needed is unclear.

This is partly because the terms of exiting the EU remain unknown and if the UK remains within some EU frameworks, the devolution question will be (largely) moot. But it is also because the government failed to think through these complex questions before triggering Article 50 and is now in a race against the clock.

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The EU Withdrawal Bill: parliamentary prospects

The EU (Withdrawal) Bill received its second reading in the House of Commons by a relatively comfortable margin in the early hours of Tuesday morning. During the remainder of its parliamentary passage the government is likely to come under greater pressure, particularly on the issue of the delegated powers in the bill. On 13 September the BBC’s Mark D’Arcy and the Hansard Society’s Ruth Fox spoke about the prospects at the Constitution Unit. Alex Diggens and Jack Sheldon summarise what was said.

The European Union (Withdrawal) Bill looks set to be one of the most significant and controversial pieces of legislation to pass through parliament in recent memory. Ostensibly a bill to repeal the European Communities Act 1972 and manage the process of converting EU law into domestic law, the bill has far greater scope. It hands significant delegated powers to ministers, allowing them to make changes to remedy supposed ‘deficiencies’ in both secondary and primary legislation through statutory instruments (SIs) and to implement the eventual withdrawal agreement. It also has major implications for the devolution settlements, as outlined in a previous blog post.

In the early hours of Tuesday morning the bill received its second reading in the Commons by the relatively comfortable margin of 326 votes to 290. However, the upcoming Commons committee and report stages, as well as the bill’s passage through the House of Lords, are likely to pose much greater difficulty for the government. On 13 September the Constitution Unit held a seminar to discuss the prospects. Chaired by the Unit’s Dr Alan Renwick, the panel comprised two experts on the dynamics at play: Mark D’Arcy, the BBC’s Parliamentary Correspondent, and Dr Ruth Fox, Director of the Hansard Society.

Dr Alan Renwick introduces the seminar

Mark D’Arcy

Mark D’Arcy focused his remarks on the party-political landscape in relation to the bill and the key types of amendments that are being brought forward.

On the party-political landscape, D’Arcy argued that the bill’s passage will be a drawn-out battle, but one that the government go into reasonably confidently. He said that 10 Downing Street is working hard to keep open links with all of the Conservative factions, and that none of them is seeking to kill the bill. The Tory ‘Remain’ contingent in the Commons is small, and they recall the infighting during the Major years; they therefore recognise that actively fighting Brexit would be ‘career death’. D’Arcy suggested that ‘Bregretters’ might be a more accurate term for this group as they do not actually seek to prevent Brexit. The House of Lords have expressed significant reservations about the bill, notably through the influential Constitution Committee, but D’Arcy predicted that they will be constrained by not wanting to be seen fighting against ‘the people’.

As soon as the second reading vote went through the Commons, queues were forming to put amendments forward. The ‘Bregretters’ put down several, led by the former Attorney General Dominic Grieve. The focus of their amendments was on overseeing the technical operation of the bill, particularly on identifying which SIs require thorough parliamentary scrutiny. Another group of amendments comes from the Labour ‘Remain’ group. These tend to be more ambitious – they keep open options for the future, for instance the option to remain in the Customs Union, or perhaps even the European Economic Area. Other groups have more niche concerns – for example, some MPs are pushing to entrench specific rights provided by EU law.

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Citizens’ Assembly on Brexit: reflections on the first weekend

The Citizens’ Assembly on Brexit has just begun its work. The project’s director, Alan Renwick, here offers some initial, personal reflections on a highly successful first weekend.

The Citizens’ Assembly on Brexit has just completed its first weekend of deliberations. As an earlier post explained, the Assembly is a gathering of people from across the UK who have been randomly selected to reflect the make-up of the electorate. They are meeting over two weekends to learn about options for the form Brexit should take – focusing on the issues of trade and immigration – discuss what they make of these options, and draw conclusions. Their proposals will be written up in a report and delivered to policy-makers in parliament and government.

We knew by the start of the weekend that we had prepared well. We had selected a hotel at Manchester Airport with good facilities, a central UK location, and ready accessibility by road, rail, and air. Working with ICM, we had recruited the Assembly members. As we reported last week, that recruitment process went astonishingly well, allowing us to hit our targets for representing different parts of the population. To help guide our planning, we had gathered an Advisory Board who were superb in both their wealth of knowledge and their willingness to give up their time for the project, including academics and campaigners on both sides of last year’s referendum debate and people whose job it is to give balanced information on Brexit.

In consultation with the board, we had devised a plan for the Assembly and prepared briefing papers that set out the key issues in a balanced and accessible way. We had engaged Involve – perhaps the UK’s leading experts in facilitating this kind of event – to develop and deliver the programme of sessions for each weekend. We had assembled a line-up of speakers with vast experience and a healthy variety of perspectives.

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Citizens’ Assembly on Brexit: how were the members selected?

The Citizens’ Assembly on Brexit – a group of citizens that will consider options for Brexit – meets for the first time today. In this post Alan Renwick, Rebecca McKee, Will Jennings and Aleksei Opacic explain the process by which members were selected to be representative of the UK electorate, both demographically and in terms of how they voted at the 2016 EU referendum.

Over two weekends this month in Manchester, the Citizens’ Assembly on Brexit – a group of around 45 citizens – will meet to learn about, deliberate on, and make recommendations relating to the options for Brexit. As we set out in a previous post, the Assembly follows a well-established model for fostering quality public deliberation around major policy decisions. One key feature of this model is the process through which the members are selected. They are not elected or allowed to self-select. Rather, they must be identified through a rigorous process of random selection designed to ensure that – so far as possible for a group of this size – they reflect the diversity of the wider population. This post sets out how we have done that for the Citizens’ Assembly on Brexit and what we can say so far about the results.

Basic principles

Our goal has been to secure a broadly representative sample of the population. The relevant population in this case is the UK electorate: the people who are entitled to participate in public decision-making in the UK. It is their views that need to be heard by policy-makers involved in deciding the UK’s approach to Brexit.

Achieving a representative sample is far from straightforward. It relies on careful planning and design, as well as reflection, long before an assembly takes place. The first step is to decide what it actually means to be representative of the population at large. This is normally determined through stratification: you decide in advance what proportions of certain groups must be included, or set minimum levels for people from each group. Past citizens’ assemblies in places such as Ireland and Canada have used various stratification criteria, including age, ethnic background, geography, social class, and employment status. Each characteristic can be treated more or less strictly, depending on the context of the assembly. All official citizens’ assemblies have required equal numbers of men and women. In Canada, which has specific issues with ethnic inequalities, assemblies have required minimum numbers of people from the First Nations.

The stratification design is only the first step. Next comes the process of finding people to fill the stratification quotas. We know very clearly that one potential method – allowing people to self-select into the assembly, doesn’t work. Those who opt in are usually very different from those who don’t, most notably in terms of their levels of political interest and participation: they are more likely to have an interest in politics and to be already engaged in political activities. Self-selection may also attract people with particularly strong views about the topic of debate. Additionally, they are more likely to be people with plenty time to attend: those without caring or childcare responsibilities, those who are older and retired, and also people who can afford to take the time off work. To avoid the major issues of self-selection into a citizens’ assembly, some method of random selection is required.

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The European Union (Withdrawal) Bill: legal implications for devolution

The European Union (Withdrawal) Bill will begin its second reading in the House of Commons today. In this post Stephen Tierney considers the bill’s legal implications for devolution, noting that as currently drafted it will be almost impossible to articulate the boundaries of devolved competence once the Act has come into force.

The European Union (Withdrawal) Bill (‘the bill’), introduced into parliament on 13 July, will begin its second reading in the Commons today. Already constitutional problems are piling up, not least a potential impasse with the devolved legislatures. The bill has been called ‘a naked power-grab’ and ‘an attack on the founding principles of devolution’ in a joint statement by the First Ministers of Scotland and Wales. They also made clear that they will not recommend legislative consent for the bill as it stands. Michael Keating has addressed the policy implications of the bill on this blog. In light of discussions with UK and devolved parliamentary committees and other policy-makers over the summer, this post will consider the legal implications of the bill for the territorial constitution, in particular the changes it makes to devolved competence and the ramifications of the enormous secondary powers given to UK ministers.

The bill (clauses 10 and 11), makes provision for devolution, amending the Scotland Act 1998, the Government of Wales Act 2006 and the Northern Ireland Act 1998 in order to circumscribe closely the exercise of devolved powers in relation to the UK’s withdrawal from the EU. These provisions need to be read in light of two other sets of provisions within the bill. Those which seek to convert EU law into domestic law (clauses 2-6); and those which give powers to UK ministers and to the devolved administrations inter alia to change ‘retained EU law’ and to give effect to the withdrawal agreement by way of secondary powers (clauses 7-9).

Altering competence

All of this requires some brief contextualisation. The bill will of course repeal the European Communities Act 1972 (‘the ECA’) and end the supremacy of EU law across the UK. But in doing so, it will not expunge the vast body of EU law from the statute book. Instead it converts EU law as it exists at the moment of the UK’s withdrawal into domestic law; creating the new category of ‘retained EU law’. The competence of the devolved legislatures will upon passage of the Withdrawal Bill be redrawn by this category of ‘retained EU law’. Clause 11, in amending the three main devolution statutes, in effect puts ‘retained EU law’ beyond the competence of the Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly. For example, the existing provision in the Scotland Act 1998 (s.29(2)(d)) that denies the Scottish Parliament competence to legislate incompatibly with EU law, is replaced with an equivalent restriction in relation to ‘retained EU law’.

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