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To ask Her Majesty’s Government what new proposals they are considering to facilitate co-decision making on United Kingdom matters between the Government and the devolved administrations.
To ask Her Majesty’s Government what new proposals they are considering to facilitate co-decision making on United Kingdom matters between the Government and the devolved administrations.
My Lords, the UK Government and devolved Administrations are working together to develop common frameworks in policy areas where powers returning from the EU intersect with devolved competence and where we need to continue working together following EU exit. We are also carrying out a joint review of intergovernmental relations with the devolved Administrations, considering both the principles and machinery that underpin relations and how they can facilitate the best relationships possible for the future.
My Lords, the UK Government and devolved Administrations are working together to develop common frameworks in policy areas where powers returning from the EU intersect with devolved competence and where we need to continue working together following EU exit. We are also carrying out a joint review of intergovernmental relations with the devolved Administrations, considering both the principles and machinery that underpin relations and how they can facilitate the best relationships possible for the future.
My Lords, the UK Government and devolved Administrations are working together to develop common frameworks in policy areas where powers returning from the EU intersect with devolved competence and where we need to continue working together following EU exit. We are also carrying out a joint review of intergovernmental relations with the devolved Administrations, considering both the principles and machinery that underpin relations and how they can facilitate the best relationships possible for the future.
To ask Her Majesty’s Government what new proposals they are considering to facilitate co-decision making on United Kingdom matters between the Government and the devolved administrations.
I understand the frustration to which the noble Lord refers: that was reflected in our debate earlier this year initiated by the noble Lord, Lord Lisvane. After that, I undertook to communicate with the Chancellor of the Duchy of Lancaster, who wrote back to try to allay those concerns, and a copy has been placed in the Library. The review to which I referred is a joint review and can make progress only if it is agreed by all four parties. The noble Lord suggested the heavy guns of a royal commission; I think some nimble light artillery might be better focused to address the issue.
I understand the frustration to which the noble Lord refers: that was reflected in our debate earlier this year initiated by the noble Lord, Lord Lisvane. After that, I undertook to communicate with the Chancellor of the Duchy of Lancaster, who wrote back to try to allay those concerns, and a copy has been placed in the Library. The review to which I referred is a joint review and can make progress only if it is agreed by all four parties. The noble Lord suggested the heavy guns of a royal commission; I think some nimble light artillery might be better focused to address the issue.
I hope that that will have a positive outcome, but will the Minister take note of a publication today by the Institute for Government entitled Ministers Reflect on Devolution? If so, he will note the frustration expressed by Ministers of all parties about the relationship between devolved and UK Ministers. Given that the UK is now in effect a quasi-federal state, is it not time for a more fundamental review of how the devolved Administrations can genuinely be part of UK decision-making, even considering a royal commission and the possible role of qualified majority voting?
A top priority for the Government is the constitutional integrity of the UK, and that is secured by a good working relationship between all four Governments. I accept that the intergovernmental architecture underpinning that relationship needs buttressing, and that is why we are undertaking the review that I mentioned. As for meetings, as the noble and learned Lord will know, there is a plenary JMC, a European one, a EU negotiations one and a ministerial forum. They are meeting regularly. The ministerial forum last met in February. The JMC on EU negotiations also met in February. Perhaps I could write to him on the specific issue that he raised about the DPRRC.
A top priority for the Government is the constitutional integrity of the UK, and that is secured by a good working relationship between all four Governments. I accept that the intergovernmental architecture underpinning that relationship needs buttressing, and that is why we are undertaking the review that I mentioned. As for meetings, as the noble and learned Lord will know, there is a plenary JMC, a European one, a EU negotiations one and a ministerial forum. They are meeting regularly. The ministerial forum last met in February. The JMC on EU negotiations also met in February. Perhaps I could write to him on the specific issue that he raised about the DPRRC.
My Lords, when did UK Ministers last meet Welsh Assembly Ministers, and when do the Government intend to reply to the severe criticism made by our Delegated Powers Committee last October of the Agriculture Bill now before Parliament, which sought to bypass the devolved legislatures—or are the Government blind to the fact that the devolved Administrations are now part of our constitution?
The Prime Minister has made it clear that she wants all the devolved Administrations to have an enhanced role in the next stage of the negotiations with the EU as we move forward, I hope, after exit. I know of no plans to give preferential treatment to one devolved Administration over another.
The Prime Minister has made it clear that she wants all the devolved Administrations to have an enhanced role in the next stage of the negotiations with the EU as we move forward, I hope, after exit. I know of no plans to give preferential treatment to one devolved Administration over another.
My Lords, does the Minister appreciate that in the context of the current European negotiations, there was considerable dismay in Cardiff—and, I think, in Edinburgh as well—when there were reports that Northern Ireland may be given a special
seat at the table when discussions are going on? Will he assure us that all the devolved Governments will be treated on an even-handed basis in such matters?
The noble Baroness raises a good point. The review I referred to is about intergovernmental relationships, not inter-parliamentary ones. If the parliaments want to take action independently of government to build up closer relationships, I see no reason why they should not.
The noble Baroness raises a good point. The review I referred to is about intergovernmental relationships, not inter-parliamentary ones. If the parliaments want to take action independently of government to build up closer relationships, I see no reason why they should not.
My Lords, the Minister mentioned a case for intergovernmental negotiations, but does he see a case for inter-parliamentary negotiations so that parliaments and assemblies get a role, and to find a way of feeding the regions of England into this?
I recognise the particular role my noble friend has when it comes to statutory instruments, and I can give him that assurance.
I recognise the particular role my noble friend has when it comes to statutory instruments, and I can give him that assurance.
My Lords, will my noble friend and Her Majesty’s Government take particular care in drafting the necessary secondary legislation for the Brexit process, while having particular regard to the Welsh Assembly, which made some complaints on this?
Devolution is England is not stuck. I spend many hours in the Moses Room dealing with statutory instruments, either setting up combined authorities, where local authorities wish to
combine, or local mayors, who will shortly be elected, so we are making good progress in devolving power from Westminster to the local authorities.
Devolution is England is not stuck. I spend many hours in the Moses Room dealing with statutory instruments, either setting up combined authorities, where local authorities wish to
combine, or local mayors, who will shortly be elected, so we are making good progress in devolving power from Westminster to the local authorities.
My Lords, the Minister has already been asked about what has happened to the English regions. Now that we have a rather privileged relationship for the three national assemblies, is devolution to the English regions stuck? In Yorkshire we have made very detailed proposals for a One Yorkshire scheme. The Minister for the Northern Powerhouse suggested that we had to accept four city regions for Yorkshire or nothing, in spite of the fact that there is no city in one of those four proposed regions.
A priority for the UK Government is to restore the devolved institutions in Stormont. In the absence of Executive Ministers, there is a limit to the decisions which the civil servants in Northern Ireland can take. That is why last November the Secretary of State issued guidance on decision-making for Northern Ireland during the period for Northern Ireland Executive formation. In the meantime, we are taking such steps as we can to develop a common framework, but there does come a point where you cannot make much more progress without prejudicing the freedom of Northern Ireland to do what it wants.
A priority for the UK Government is to restore the devolved institutions in Stormont. In the absence of Executive Ministers, there is a limit to the decisions which the civil servants in Northern Ireland can take. That is why last November the Secretary of State issued guidance on decision-making for Northern Ireland during the period for Northern Ireland Executive formation. In the meantime, we are taking such steps as we can to develop a common framework, but there does come a point where you cannot make much more progress without prejudicing the freedom of Northern Ireland to do what it wants.
My Lords, is the notion that Northern Ireland is a special case somehow inevitable as there is no devolved Administration in operation? Is that the rationale that the Minister is pointing to?
I refer my noble friend to the answer I gave when she asked me about future trade agreements. The Prime Minister has promised an enhanced role. Official discussions are taking place to bring some definition to that, but I shall certainly take on board my noble friend’s request that they should be involved in trade negotiations, which of course include many of their vital interests—particularly, say, fisheries in Scotland.
I refer my noble friend to the answer I gave when she asked me about future trade agreements. The Prime Minister has promised an enhanced role. Official discussions are taking place to bring some definition to that, but I shall certainly take on board my noble friend’s request that they should be involved in trade negotiations, which of course include many of their vital interests—particularly, say, fisheries in Scotland.
My Lords, can my noble friend confirm that the devolved Administrations are consulted on both rolled-over and new trade agreements before they are initialled?
Lords motion to take note of the possible effects of Brexit on the stability of the Union of the parts of the United Kingdom. Agreed to on question.
Lords motion to take note of the possible effects of Brexit on the stability of the Union of the parts of the United Kingdom. Agreed to on question.
Lords motion to take note of the current constitutional challenges within the United Kingdom and the case for the establishment of a United Kingdom-wide Constitutional Convention to address issues of democratic accountability and devolution, particularly in England. Agreed to on question.
Lords motion to take note of the current constitutional challenges within the United Kingdom and the case for the establishment of a United Kingdom-wide Constitutional Convention to address issues of democratic accountability and devolution, particularly in England. Agreed to on question.
To ask Her Majesty's Government at what level in Government the drafting instructions to the Office of Parliamentary Counsel for the original clause 11 of the European Union (Withdrawal) Bill were approved; and whether they were approved at Ministerial level.
To ask Her Majesty's Government at what level in Government the drafting instructions to the Office of Parliamentary Counsel for the original clause 11 of the European Union (Withdrawal) Bill were approved; and whether they were approved at Ministerial level.
The policy for clause 11 of the European Union (Withdrawal) Bill, as introduced to Parliament, was approved by the Cabinet through the standard processes for collective agreement. Drafting instructions to the Office of the Parliamentary Counsel to give legal effect to this policy were approved at official level in accordance with normal practice. The final drafting of the clause was then collectively agreed by the Cabinet for introduction of the Bill.
To ask Her Majesty's Government how many bills they intend to bring forward to legislate for UK common frameworks; what subjects those bills will cover; and whether they plan to publish those first as draft bills.
To ask Her Majesty's Government how many bills they intend to bring forward to legislate for UK common frameworks; what subjects those bills will cover; and whether they plan to publish those first as draft bills.
The Government’s provisional frameworks analysis published in March sets out the 24 policy areas in which it envisages a legislative common framework, either in whole or in part. This analysis remains provisional and is subject to ongoing work with the devolved administrations, parliament and external stakeholders. Where legislation is required, the Government seeks to publish bills in draft wherever possible.
To ask Her Majesty's Government whether the planned legislation on UK common frameworks will require the consents of each of the devolved legislatures.
To ask Her Majesty's Government whether the planned legislation on UK common frameworks will require the consents of each of the devolved legislatures.
Her Majesty’s Government will abide by existing practices and conventions when deciding whether to seek the consent of the devolved legislatures for future UK primary legislation that creates a legislative framework.
To ask Her Majesty's Government whether, and if so when, they propose to consult on proposals to legislate for UK common frameworks to (1) enable the functioning of the UK internal market, (2) ensure compliance with international obligations, (3) ensure that the UK can negotiate, enter into, and implement new...
To ask Her Majesty's Government whether, and if so when, they propose to consult on proposals to legislate for UK common frameworks to (1) enable the functioning of the UK internal market, (2) ensure compliance with international obligations, (3) ensure that the UK can negotiate, enter into, and implement new...
Since July 2017, the UK Government has been working closely with the devolved administrations on the policy areas where common frameworks may be required after exiting the EU. The Government published its provisional analysis of this work in March and that initial analysis now enables a conversation beyond governments, in an open and transparent manner. These issues are of central importance to Parliament and the devolved legislatures, but also to businesses and wider stakeholders whose day to day activities will be affected by these decisions. This analysis is part of an ongoing dialogue, not a final position. The conclusions it sets out are provisional and continue to be discussed with the devolved administrations, parliamentarians and external stakeholders. The Government will continue to consult interested parties as this work develops.
To ask Her Majesty's Government what assessment they have made of how the competences currently held at the EU level will be distributed between the various countries in the UK after Brexit; and what impact this will have on the management of the devolution settlement and on relations between those...
To ask Her Majesty's Government what assessment they have made of how the competences currently held at the EU level will be distributed between the various countries in the UK after Brexit; and what impact this will have on the management of the devolution settlement and on relations between those...
The Government has committed that EU exit will result in a significant increase in the decision making powers of each of the devolved legislatures. The Government’s provisional frameworks analysis, published on 9 March, sets out where frameworks may and may not be needed in respect of the 153 policy areas where EU law intersects with devolved competence. It indicates that legislative frameworks will only be needed in a minority of areas. Moreover, our ongoing discussions with the devolved administrations suggest that within these areas, legislation may only be required in relation to specific elements, rather than the entire policy area. Constructive discussions with the devolved administrations continue.
To ask Her Majesty's Government, further to the Written Answer by Lord Young of Cookham on 5 December 2017 (HL3493), what significant increase in the decision-making powers for the devolved administrations they are considering; and whether they will retain any of the powers returned from Brussels which are currently vested...
To ask Her Majesty's Government, further to the Written Answer by Lord Young of Cookham on 5 December 2017 (HL3493), what significant increase in the decision-making powers for the devolved administrations they are considering; and whether they will retain any of the powers returned from Brussels which are currently vested...
The Government is working closely with the devolved administrations to determine where common approaches will and will not be required in the future. The Government is clear that none of the existing decision-making powers of the devolved administrations will be taken away and that it expects an increase in the decision making powers for the devolved administrations as a result of this process.
To ask Her Majesty's Government whether they intend to publish a green paper on which powers currently vested in the EU could appropriately be devolved to Scotland, Wales and Northern Ireland on the completion of Brexit.
To ask Her Majesty's Government whether they intend to publish a green paper on which powers currently vested in the EU could appropriately be devolved to Scotland, Wales and Northern Ireland on the completion of Brexit.
The UK, Scottish and Welsh Governments agreed at JMC(EN) on 16 October the principles that will guide how we approach common frameworks in future https://www.gov.uk/government/news/progress-made-at-eu-talks-with-devolved-governments--2. Discussions with the devolved administrations in these areas are ongoing. We do not expect there to be a need for frameworks in all areas currently governed by EU law, and so the Government expects that the return of powers from the EU will lead to a significant increase in the decision making powers for the devolved administrations.
To ask Her Majesty's Government whether they intend to establish, jointly with the devolved administrations in Scotland, Wales and Northern Ireland, a body to advise them on which powers, currently vested in the EU, could appropriately be devolved to Scotland, Wales and Northern Ireland on the completion of Brexit.
To ask Her Majesty's Government whether they intend to establish, jointly with the devolved administrations in Scotland, Wales and Northern Ireland, a body to advise them on which powers, currently vested in the EU, could appropriately be devolved to Scotland, Wales and Northern Ireland on the completion of Brexit.
We are continuing to work closely with the devolved administrations to quickly determine where common approaches will and will not be required in the future. These discussions are guided by the common frameworks principles agreed at JMC(EN) on 16 October https://www.gov.uk/government/news/progress-made-at-eu-talks-with-devolved-governments--2. We know that there will be some areas where we will continue to need common frameworks, but equally some areas where common frameworks would not be needed. The Government expects that the return of powers from the EU will lead to a significant increase in the decision making powers for the devolved administrations.