Article 50: two years on


Anand.Menon

On 29 March, The UK in a Changing Europe published Article 50 two years on, summarising what has happened during the Article 50 process, where we are now, and what might happen in the future. Here, its director Anand Menon offers his own view of how Brexit has been handled since Article 50 was invoked by the government, and offers an insight into some of the topics contained in the report.

Two years on. So little progress made. As metaphors go, watching parliament hold a series of eight votes and fail to muster a majority on any of them was not too bad at all.

And yet, and yet. For all the outward signs of chaos emanating from Westminster, things are moving. It was never going to be easy for MPs to ‘take control’ of Brexit, if only because all they control even now is the parliamentary diary. Parliament isn’t set up to make it easy for MPs to both set their own agenda and make decisions.

Moreover, it strikes me as slightly misguided to criticise the House of Commons for failing to come to a clear decision on Brexit. For on this if on nothing else, our MPs represent us faithfully. Like the public at large, they are deeply divided on the question of leaving the European Union, and therefore – again like us – it is not clear which if any of the possible outcomes a majority of them might agree on. Continue reading

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