Fundamental questions about Brexit’s impact on Devolution

There are fundamental questions about how devolution works outside the EU which must be addressed. This warning comes from a new report by Holyrood’s Constitution, Europe, External Affairs and Culture Committee.

In its report, the Committee highlights substantive differences between the views of the UK Government and the Scottish and Welsh Governments regarding future alignment with EU law.

The Committee’s report makes clear that these differences raise fundamental constitutional questions including the extent the UK can accommodate four different regulatory environments within a cohesive internal market, as well as whether the existing institutional mechanisms are sufficient to resolve differences between the four governments within the UK when there are fundamental disagreements regarding alignment with EU law.

The Committee is concerned with how devolution needs to evolve to address these questions.  This includes the operation of the Sewel Convention which the Committee agrees is under strain following Brexit and the extent of UK Ministers’ new delegated powers in devolved areas which the Committee agrees amounts to a significant constitutional change.

The report states there is a need for a much wider public debate about where power lies within the devolution settlement following the UK’s departure from the EU.  This needs to address the extent of regulatory autonomy within the UK internal market.

Committee Convener, Clare Adamson MSP said: ““As a Committee, we have already set out our concerns about the risks for devolved Parliaments as a result of Brexit. But the questions raised in our report make it clear that there are fundamental issues which must be addressed urgently.

“Without wider debate, both in this Parliament and elsewhere, these fundamental questions will go unresolved, and the way devolution works outside of the EU will remain uncertain.”

Deputy Convener, Donald Cameron MSP said: “Our committee is agreed that there is a need for a wide debate on the very serious and complex issues raised in our report.

“However, this debate is not simply one for Governments and Parliaments, but businesses, civic society and the wider public as well in order that we can fully explore the current issues facing not just the Scottish Parliament, but the wider devolution process.”