Understanding Brexit by Tim Oliver

Author:Tim Oliver. [Oliver, Tim]
Language: eng
Format: epub
ISBN: 9781447346418
Publisher: Policy Press

A United Kingdom?

Implementing Brexit requires the UK government to make decisions on behalf of the whole UK. In some policy areas it may be legally required to consult with devolved bodies. In some instances, it may make sense politically to do this. Legally, the Supreme Court ruled that the UK government did not have to consult the devolved administrations over triggering Article 50. It decided that the Sewell Convention, which states that if Westminster is introducing legislation on issues that have been devolved, it ‘normally’ has to seek the consent of devolved parliaments, is not a law and not within the jurisdiction of the court. This was a setback to the Scottish and Welsh First Ministers, Nicola Sturgeon and Carwyn Jones, who from their different political standpoints of the SNP and Labour respectively had both said that they could not support Brexit without membership of or full access to the single market. In response, the UK government has held meetings through the Joint Ministerial Committee, which is a forum for discussion between the UK government and the devolved administrations. Representatives of the devolved bodies have also sought meetings with EU decision makers and negotiators. But the power to negotiate Brexit has remained firmly in the hands of the UK government.

Since joining the EEC in 1973 the UK’s constitutional setup has seen significant changes. Devolution, in particular, has happened within a framework of UK membership of the EU. This has meant that UK ministers have dealt with devolved powers, such as over agriculture, at the EU level. This has often been handled in consultation (albeit to varying degrees) with devolved governments. In returning powers from Brussels to the UK, devolved bodies have expressed concerns that the UK government may refuse to devolve them. The UK government argues the UK’s own single market has been shaped in many areas by being part of the EU’s single market, and that ensuring a UK-wide level playing field will require it to exercise some of the powers returned from Brussels. To critics, this is merely another power grab, typical of an overly centralised system of government. As explored when discussing the role of Parliament in Brexit, parliamentary sovereignty can often mean executive sovereignty, which would be boosted by the repatriation of powers from the EU. Leaving the EU will not change this unless there are reforms to the parliamentary system, the royal prerogatives, the quasi-federal nature of devolution, and the UK’s uncodified constitution.

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