Parliament and the withdrawal agreement: What does a ‘meaningful vote’ actually mean?

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The government has repeatedly assured MPs that they will get the opportunity to have a meaningful vote on any agreement reached with the EU related to the UK’s withdrawal as part of the Article 50 process. This post by Jack Simson-Caird examines the role of the House of Commons and the House of Lords when it comes to approving and implementing that agreement. 

Since the UK government began negotiations over the withdrawal agreement under Article 50, questions have been raised about how parliament will approve and implement the final agreement.

The government’s stated position has long been that parliament will have the opportunity to approve the final agreement through a motion ‘to be voted on by both Houses of Parliament before it is concluded’. On 13 December 2017 David Davis MP, the Secretary of State for Exiting the European Union, gave details of the procedures for both the approval and implementation of EU Exit Agreements. He explained that the approval process is separate from the process of implementing the agreement through primary and secondary legislation.

Approving the withdrawal agreement

David Davis proposed that the process of approving the withdrawal agreement will take the form of a resolution in both Houses of Parliament. This resolution will cover both the Withdrawal Agreement and the terms for our future relationship”. The Supreme Court noted in Miller in January 2017 that such a resolution does not have any legislative effect, but is nevertheless ‘an important political act’. Continue reading

A ‘dual mandate’ English Parliament: some key questions of institutional design

meg_russell (1)Jack.000Almost 20 years after the creation of the devolved governments in Scotland, Wales and Northern Ireland, England is the only country of the United Kingdom without its own devolved executive and legislative body. Meg Russell and Jack Sheldon offer their view on whether or not a dual mandate English Parliament is desirable or if it has the proper characteristics to be considered a parliament at all. 

Calls for establishment of an English Parliament have been made for years, particularly following Labour’s devolution in the 1990s to Scotland, Wales and Northern Ireland. Initially such proposals were largely confined to the right of politics, and appeared a relatively fringe interest. But in the aftermath of the Scottish independence referendum, and the new powers devolved to the Scottish Parliament, proposals have also begun to be heard from the political left. Nonetheless, advocates have rarely elaborated on their proposals in detail, and there are many unresolved questions relating to the likely powers, functions, structure and composition of such a body. Since autumn 2016, the Constitution Unit has been working on a research project exploring the options, and a detailed report is due to be published shortly. This post will concentrate primarily on the key institutional questions raised by what is known as the ‘dual mandate’ model for an English Parliament, which some proponents suggest could be implemented as an incremental next step from ‘English votes for English laws’ (EVEL). We ask whether this model for an English Parliament is as innocuous as it looks, and indeed whether what it proposes is a parliament at all.

Models for an English Parliament

The most instinctively obvious model for an English Parliament is to create a completely new body, elected separately from the House of Commons, to mirror the legislatures in Scotland, Wales and Northern Ireland. Variants of this separately-elected model have been proposed by such figures as David DavisFrank Field and Paul Nuttall. It is also favoured by the Campaign for an English Parliament, founded in 1998. Establishing such a body would be a big decision, entailing significant political upheaval and cost. The idea has many opponents, including experts such as Vernon Bogdanor and Adam Tomkins. A key concern is that a new elected body representing 85% of the UK population would, in the words of the House of Lords Constitution Committee, “introduce a destabilising asymmetry of power”. For all of these reasons, adoption of this proposal continues to appear politically unlikely.

The second model is what we call the dual mandate model, which is presented as a more incremental change. Here Westminster MPs representing English constituencies would meet as an English Parliament at certain times. Proponents see this as building on the existing EVEL procedures, creating a far clearer delineation at Westminster between England-only and UK business (and thus dealing once-and-for-all with the famous ‘West Lothian question’). The most prominent supporter has been John Redwood, but similar arrangements have also been proposed by MP Andrew Rosindell, Welsh AM David Melding, journalist Simon Heffer and writers from the Adam Smith Institute think tank. Nonetheless, this model is rejected by the Campaign for an English Parliament as ‘English Parliament lite’. Continue reading

The government’s Brexit white paper: a missed opportunity

Nick-WrightOn 2 February the government published its white paper on Brexit, which was intended to provide further detail regarding the overall aims the government would be pursuing once Article 50 has been triggered. Nick Wright assesses this document, concluding that whilst it does expand on some of Theresa May’s key pledges set out in the Lancaster House speech in several areas it remains unclear exactly what the government is seeking. One example of this is the idea of a UK-EU strategic partnership, which is proposed in the white paper but not expanded on. Overall, it is hard not to see the white paper as a missed opportunity.

The government’s Brexit white paper, published in the aftermath of the House of Commons vote on the second reading of the ‘Brexit’ bill, received a mixed response.

Following Theresa May’s Lancaster House speech in January, the white paper was intended to provide further detail regarding the overall aims the government would be pursuing once Article 50 has been triggered. However, although it does expand to some degree on the Prime Minister’s 12 key pledges, in several important areas it remains unclear precisely what the government is seeking.

This is particularly true on the question of the UK’s post-Brexit relationship with the EU. Here, the white paper makes a potentially significant proposal: to establish a strategic partnership, something Brexit Secretary David Davis also underlined in his statement to the House of Commons. It does not, though, offer any specifics on what such a relationship might look like.

What makes this frustrating is that whilst embryonic and lacking in detail, this is nonetheless an idea deserving of attention. As a foreign policy instrument, strategic partnerships have been an important feature of EU efforts to structure its relationships with key international partners. If properly developed, therefore, a UK-EU strategic partnership could offer the basis for the kind of positive vision for the post-Brexit future the Prime Minister articulated as one of her objectives.

Why not, then, use this as a formal framework for the new UK-EU relationship, enabling co-operation in certain key and clearly defined policy areas to be maintained? And why not use the opportunity of a white paper to signal this agenda boldly and clearly?

Continue reading