Deal or no deal, the UK government needs a new strategy for the Union

_MIK4650.cropped.114x133Almost seven months after the EU and UK agreed to extend the Article 50 process, a new Brexit deal has been agreed. Akash Paun argues that whether the new deal passes parliament or not, the Brexit process so far has demonstrated that the UK government needs to change its strategy for maintaining the cohesion of the Union.

In his first public statement as prime minister, Boris Johnson made two constitutional pledges that stand in tension with one another. On the one hand, he promised to strengthen the UK, which he described as ‘the awesome foursome that are incarnated in that red, white and blue flag, who together are so much more than the sum of their parts.’ But in the same speech, he reiterated his determination to take the UK out of the EU by 31 October ‘no ifs, no buts’ and, if necessary, no deal. Brexit has already strained relations between the UK and devolved governments. A no deal departure would make matters even worse, and would run directly counter to the PM’s ambitions to strengthen the Union.

The Scottish and Welsh governments strongly oppose leaving the EU without a deal. In a joint letter to the prime minister in July, the Scottish and Welsh first ministers argued that ‘it would be unconscionable for a UK government to contemplate a chaotic no deal exit and we urge you to reject this possibility clearly and unambiguously as soon as possible.’ The Scottish Parliament and Welsh Assembly have also explicitly voted against no deal. Continue reading

Crisis, headache, or sideshow: how should the UK government respond to the Scottish parliament’s decision to withhold consent for the Withdrawal Bill?

 

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Different political actors have responded to the decision by the Scottish Parliament to withhold its consent for the UK government’s showpiece EU (Withdrawal) Bill in very different ways. Professor Nicola McEwen discusses the options open to both the Scottish and UK governments. 

After much deliberation, the Scottish Parliament voted by 93-30 to withhold consent for the EU (Withdrawal) Bill, the main piece of UK legislation paving the way for Brexit. Labour, the Liberal Democrats and the Greens accepted the SNP government’s charge that the Bill undermines the devolution settlement and the principles on which it was founded. On the same day, the National Assembly for Wales voted by 46-9 to grant consent for the Bill, with the Welsh government arguing that the amended clause 15 (formerly clause 11) and the agreement they reached with the UK government ‘defended and entrenched’ devolution. Only Plaid Cymru disagreed.

Consent was sought from both legislatures following the convention (usually referred to as the Sewel convention) that the UK parliament will not normally legislate in devolved areas, or alter devolved powers, without their agreement. The Withdrawal Bill alters the devolution settlements by placing a new constraint on devolved legislatures and ministers to avoid acting incompatibly with ‘retained EU law’, even in policy fields which otherwise fall within their remit. In its original form, this constraint was placed upon all retained EU law, with provision to release the constraint once it was agreed that there was no need to preserve a common UK legislative or regulatory framework. In its amended form, the Bill requires the UK government to specify in regulations the areas to which the restriction will apply. It introduced a time limit – UK ministers have two years from Brexit day to bring forward new regulations, and these would last for no more than five years. The amendment also places a duty on UK ministers to await a ‘consent decision’ before tabling the regulations, but herein lies the controversy. Whereas the Sewel convention assumes that consent means agreement, Clause 15 empowers UK ministers to proceed even if the ‘consent decision’ is to withhold consent. Continue reading

Why the UK holds referendums: a look at past practice

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Since the first referendum in the UK above the local level was held in 1973, there have been three UK-wide referendums and ten referendums covering parts of the UK. In order to inform its recommendations about the circumstances in which referendums should be held, the Independent Commission on Referendums is examining the circumstances in which UK referendums have been held. In this post, Jess Sargeant explores the political history of referendums in the UK.

1973 Northern Irish Border Poll

The first non-local referendum in the UK, the 1973 Northern Irish border poll, followed the sharp deterioration in the security and political situation in the preceding years. When the UK government imposed direct rule, it pledged to hold a referendum on Northern Ireland’s future status within the UK. The purpose was to demonstrate public support for the Union, which would act as baseline for future negotiations. Although the referendum was largely boycotted by the Catholic population, the overwhelming vote (98.9%) in favour of remaining part of the UK was used legitimise the continuation of the constitutional status quo.

1975 European Economic Community membership referendum

The UK’s first national referendum was held just two years later, in 1975, on membership of the European Economic Community (EEC). The UK had joined the EEC in 1973. In opposition, Labour was deeply divided on this. A referendum was first proposed in 1970 by Tony Benn, who opposed EEC membership. The idea gained little traction at the time, but future Prime Minister James Callaghan described it as ‘a rubber life-raft into which the whole party may one day have to climb’. Labour adopted the policy of putting EEC membership to a public vote in 1973, and this occurred after the party’s return to power in 1974. Continue reading

Devolution, Brexit, and the prospect of a new constitutional settlement for the four countries of the UK

 

bigpic (1)Over the next 12 months the UK’s national and devolved institutions will be taking decisions that will rank amongst the most significant political events in Britain’s post-war history. In an attempt to contribute to the debate on the role of devolved bodies in the Brexit process, the Welsh Assembly’s Constitutional and Legislative Affairs Committee has produced a report on the subject. In this blog its Chair, Mick Antoniw AM, offers his personal view on the government’s current approach to Brexit and calls for a constitutional reordering of the UK once Britain leaves the EU.

Leaving the EU has turned out to be more than a mere decision to leave a Europe-wide economic and social bloc and has brought into sharp focus the future role and status of the UK in the world. What do we represent and how are we perceived? How much influence in world economic and political affairs do we really have? These questions, however, go even deeper in that they also call into question the very purpose, long-term future and stability of the UK as a country. 

For almost 50 years, since the passing of the European Communities Act, the answers to these questions have been masked by our membership of a European project that with economic and technological globalisation has been developing into a political and social union based on its collective economic strength. 

The Social Chapter, the central role of the European Court of Justice, the developing role of the European Investment Bank and the development of the EU as a trading bloc in its own right created a legal as well as an economic framework for an expanding Europe. Within this context the UK’s increasingly dysfunctional and conflicting internal constitutional arrangements have been masked and constrained by the broader EU constitutional framework and jurisdiction. 

Pandora’s Box has now been opened. British nationalism’s nakedness has been revealed and our political and constitutional nudity is now there for all to see, exposed by the absence of any clear post-Brexit plan. Now that Article 50 has been triggered, the countdown to leaving the UK has begun and on 29 March 2019 we will be out of the EU, ready or not.  Continue reading