Devolution since the Brexit Referendum
Paper setting out the impact on the devolution settlement and the Scottish Parliament of key UK Government decisions since the referendum on EU withdrawal in 2016.
Footnotes
[1] The Scottish and Welsh Governments both identified this risk. See, for example, paragraphs 176 and 179 of Scotland’s Place in Europe (2016): Scotland's Place in Europe (www.gov.scot); a joint statement, July 2017: EU (Withdrawal) Bill - gov.scot (www.gov.scot); and paragraph 118, Official Report, 1 November 2016: Plenary 01/11/2016 - Welsh Parliament (assembly.wales)
[2] See pages, 7, 17-20: Renewing Democracy through Independence (www.gov.scot)
[3] For more examples see Renewing Democracy through Independence (www.gov.scot), page 24-25
[4] See Scottish Social Attitudes 2021/22 (www.gov.scot), Chapter 2
[5] See paragraphs 1 and 22 of the Memorandum of Understanding (2013): MoU_between_the_UK_and_the_Devolved_Administrations.pdf (publishing.service.gov.uk)
[7] Consistent with statutory requirements in sections 30 and 63 of the Scotland Act 1998: Scotland Act 1998 (legislation.gov.uk)
[8] Last updated in 2013: MoU_between_the_UK_and_the_Devolved_Administrations.pdf (publishing.service.gov.uk)
[9] As of 14 June 2023. See section on the Sewel Convention below for further details; on two of these occasions the Scottish Parliament has refused consent, but the UK Government disputed that its consent was required.
[10] These are known as the principles of subsidiarity and proportionality.
[11] See paragraphs 96-107, After Brexit: The UK Internal Market Act & Devolution (www.gov.scot)
[12] Genetic Technology (Precision Breeding) Bill - Parliamentary Bills - UK Parliament; Scottish Government legislative consent memorandum Genetic Technology (Precision Breeding) Bill | Scottish Parliament Website
[13] See Part 5 of After Brexit: The UK Internal Market Act & Devolution (www.gov.scot)
[18] Note that the UK Government has now announced its own proposals for banning single use plastics in England: Far-reaching ban on single-use plastics in England - GOV.UK (www.gov.uk)
[22] See, for example, the effect on proposals to ban rodent glue traps (paragraphs 38-42) : Policy Memorandum accessible (parliament.scot)
[23] Section 18, United Kingdom Internal Market Act 2020 (legislation.gov.uk)
[24] Schedule 2, United Kingdom Internal Market Act 2020 (legislation.gov.uk)
[27] See the Scottish Government’s legislative consent memorandum: legislative-consent-memorandum-subsidy-control-bill1.pdf (parliament.scot)
[30] See the reports of the Economy and Fair Work Committee and the Delegated Powers and Law Reform Committee: Professional Qualifications Bill | Scottish Parliament Website; Trade Australia and New Zealand Bill | Scottish Parliament Website
[31] See paragraphs D4.5 – D4.7: MoU_between_the_UK_and_the_Devolved_Administrations.pdf (publishing.service.gov.uk). See also SG proposals for trade negotiations: Scotland’s Role in the Development of Future UK Trade Arrangements: A Discussion Paper (www.gov.scot)
[32] See, for example: Report on the Legislative Consent Memorandums for the Procurement Bill and the Trade (Australia and New Zealand) Bill | Scottish Parliament; and The Impact of Brexit on Devolution (azureedge.net); for a Senedd example see: The Welsh Government’s Legislative Consent Memorandum on the Professional Qualifications Bill
[36] See, for example, paragraph 1.1: Scotland Bill 2015-16 (Bill 3) (parliament.uk)
[37] See page 29: After Brexit: The UK Internal Market Act & Devolution (www.gov.scot)
[39] Retained EU Law Bill “risk to devolution” - gov.scot (www.gov.scot); Cabinet Secretary for Constitution External Affairs and Culture (parliament.scot)
[40] See, for example, the CEEAC report of Sep 2022: The Impact of Brexit on Devolution | Scottish Parliament; Lords Constitution Committee report of Jan 2022: Respect and Co-operation: Building a Stronger Union for the 21st century (parliament.uk); Commons PACAC report of July 2018: Devolution and Exiting the EU: reconciling differences and building strong relationships - Public Administration and Constitutional Affairs Committee - House of Commons (parliament.uk)
[41] See the UK Government report to PACAC: Government Response to the Committee’s Eighth Report: Devolution and Exiting the EU: reconciling differences and building strong relationships - Public Administration and Constitutional Affairs - House of Commons (parliament.uk)
[43] See Gender recognition: letter to the Secretary of State for Scotland - 21 January 2023 - gov.scot (www.gov.scot) and Gender recognition: letter to the Secretary of State for Scotland - 24 January 2023 - gov.scot (www.gov.scot)
[44] See, for example, the First Minister of Wales on 17 Jan 2023 (at paragraph 38): Plenary 17/01/2023 - Welsh Parliament (assembly.wales)
[45] The Secretary of State for Scotland indicated in the Commons on announcing the s.35 Order concerning the Gender Recognition (Scotland) Bill, "This is not a last resort" - Scotland Act 1998: Section 35 Power - Hansard - UK Parliament, Cols 202, 216
[46] Gender recognition reform: Section 35 Order challenge - petition - gov.scot (www.gov.scot)
[47] Section 35 Order challenge - gov.scot (www.gov.scot); Challenge to UK Government’s Section 35 Order on the Gender Recognition Reform (Scotland) Bill: Ministerial statement - gov.scot (www.gov.scot)
[48] See for example, Building a New Scotland - A stronger economy with independence (www.gov.scot) and The Brexit Referendum 5 Years on – Summary of Impacts to Date - Information note from the Scottish Government (www.gov.scot)
[52] Supporting documents - BICS weighted Scotland estimates: data to wave 83 - gov.scot (www.gov.scot)
[53] See the Scottish Government analysis here: Retained EU Law Bill: what it means - gov.scot (www.gov.scot)
[54] See the evidence taken by the CEEA Committee, 1 December 2022: Meeting of the Parliament: CEEAC/01/12/2022 | Scottish Parliament Website
[55] UK Government policy on regulation is set out here: The Benefits of Brexit: How the UK is taking advantage of leaving the EU (publishing.service.gov.uk)
[59] See paragraphs 2.6 and 4.7 of Scotland’s Parliament (1997)
[60] See paragraphs 1 and 22 of the Memorandum of Understanding (2013)
[63] This was recognised in the UK Government’s Dunlop review, which recommended spending in devolved areas with the agreement of the Scottish Government: see chapter 3, Review of UK Government Union Capability (publishing.service.gov.uk)
[64] See paragraph 24 (page 4); paragraphs 3.16, 6.57 and 6.75: CP 330 - Spending Review 2020 – November 2020 (publishing.service.gov.uk)
[65] See paragraphs 2.2 and 2.3: Levelling_Up_prospectus.pdf (publishing.service.gov.uk)
[66] As at the announcement of Round 2 in January 2023: Levelling Up Fund Round 2: successful bidders - GOV.UK (www.gov.uk); Meeting of the Parliament: 07/02/2023 | Scottish Parliament Website
[69] Multiply in Scotland, Wales and Northern Ireland - GOV.UK (www.gov.uk) and Adult learning strategy 2022 to 2027 - gov.scot (www.gov.scot)
[74] See pages 12-16 and 39: Renewing Democracy through Independence (www.gov.scot)
[75] See, for example, the speech of the then Prime Minister to Scottish Conservative Conference in March 2017: Theresa May's speech to Scottish Tory conference - in full (inews.co.uk)
[76] See: Levelling Up the United Kingdom White Paper (publishing.service.gov.uk)
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