Brexit and the territorial constitution: déjà vu all over again?

wincottd (1)Brexit has led to conflict between Westminster and the devolved administrations, with the UK Attorney General recently going as far as referring the Welsh and Scottish Continuity bills to the UK Supreme Court. Here Daniel Wincott argues that the Brexit process has highlighted the flaws in the UK’s systems of intergovernmental relations and that action is needed to prevent repeating the mistakes of the past.

The territorial constitution is particularly fragile. Pursuing Brexit, Theresa May’s government has stumbled into deep questions about devolution. The territorial politics of Brexit is a bewildering mix of ignorance, apparent disdain, confrontation, cooperation and collaboration. Rarely have the so-called devolution ‘settlements’ appeared more unsettled.

The UK’s system for intergovernmental relations (IGR) between devolved and UK governments has been hidden in obscurity. Arcane processes – Legislative Consent Memoranda (LCMs – also known as Sewel Motions) and Joint Ministerial Committees (JMCs) – are now more widely discussed.

Brexit has revealed limits and weaknesses in existing devolution structures. UK intergovernmental relations is an unappetising spaghetti of abstruse acronyms, but compared to other multi-level states it is also remarkably informal and limited. Opportunities to develop the system may emerge, but it could also collapse under the pressure of leaving the EU. Continue reading

Intergovernmental relations and the English question: options for reform

downloadA week after the state of intergovernmental relations (IGR) in the UK was highlighted by the UK government’s law officers standing in opposition to their devolved counterparts in the UK Supreme Court, the Public Administration and Constitutional Affairs Committee published a report on improving IGR after Brexit. Jack Sheldon discusses the methods by which England could gain distinct representation — something it currently lacks — in a new IGR system.

At the end of July the House of Commons Public Administration and Constitutional Affairs Committee (PACAC) published Devolution and Exiting the EU: reconciling differences and building strong relationships. This is an impressive report, containing original recommendations on a range of aspects of the UK’s territorial arrangements.

It is particularly notable that the MPs chose to devote substantial sections of the report to the English question. These focus, in particular, on the often overlooked issue of England’s representation in intergovernmental relations (IGR) forums such as the Joint Ministerial Committee (JMC). PACAC’s attention to this reflects a growing appreciation, including in official circles, of the salience of questions about how England is recognised and represented within the UK’s changing systems of governance. It is also timely, with a JMC-commissioned review of IGR machinery currently in progress ahead of the proposed negotiation of post-Brexit frameworks in areas such as agriculture, fisheries and environmental protection.

The issue

Since the JMC was established in 1999, it – and its sub-committees – have been composed of ministers from the UK government and the devolved governments in Scotland, Wales and Northern Ireland. PACAC highlights the fact that this leaves the UK government wearing ‘two hats’, as representative of both England and the UK as a whole.

This dual role has caused multiple concerns. Many in the devolved governments fear that the UK government will favour England. In evidence to PACAC Carwyn Jones, the Welsh First Minister, suggested he could not have confidence that fishing quotas would be allocated fairly if DEFRA was the English representative in negotiations, whilst also being ultimately responsible for making the allocation. Meanwhile, regional and local interests in England feel overlooked. Andy Street, the West Midlands ‘metro mayor’, was among those who told the committee that the English regions’ voices were not heard as loudly in Whitehall as those of Scotland, Wales and Northern Ireland. Finally, some have argued that under current arrangements England is denied a national voice, resulting in the devolved areas securing preferential treatment – especially in relation to finance. Continue reading