Brexit: Devolved Administrations

Lord McAvoy Excerpts

Thursday 25th January 2018 Lords Chamber

[Lord McAvoy (Lab)]

My Lords, I join those who have thanked the noble Lord, Lord McInnes, for securing today’s debate. He has done a service to the House. My party and I are firm supporters of the union and wish to see it strengthened throughout all the challenges and opportunities that Brexit may bring. We are a union by consent, and powers have been devolved across the UK following votes, referenda, general elections, debates and Acts of Parliament. Our unique devolution settlements enhance and underpin this union of ours.

Towards the end of last year, this House had the opportunity to debate a number of excellent reports from the Constitution Committee on devolution, including its relationship to the relatively new context of Brexit. We debated issues including the lack of a government blueprint for working with the devolved institutions; the poor use of existing structures, including the JMC, which at that point had not been convened for nine months; and, as the noble and right reverend Lord, Lord Eames, so eloquently illustrated, the lack of full democratic representation for Northern Ireland. We have called many times for a unique demonstration of how important the UK Government regard the situation in Northern Ireland as being but, unfortunately, to no avail. Unfortunately, a few months further on, we must revisit some of the same issues, particularly with regard to Northern Ireland.

As of this month, it has been a full year since Northern Ireland had a functioning, power-sharing Executive in place. This must give us all pause for thought. We welcome the new Secretary of State to her post, and wish her well in her endeavours. But what we cannot have, surely, after 12 months of no movement and failed talks, is more of the same. The Government are telling us that one last push is all we have time for. We welcome the new talks that began yesterday and hope that all parties will engage in them as fully as possible. We have put on record our belief that the Secretary of State must involve all parties, including the smaller parties, in the talks, and that she should consider the appointment of an independent chair.

Noble Lords are aware that uniquely Northern Irish issues around the border and protection of the Good Friday agreement are at the heart of the Brexit process, yet there is no democratically elected Executive representing the people of Northern Ireland in these talks. These issues are also being dealt with at a time when there is no nationalist representation in either House of Parliament. As we look to the future of the UK outside the European Union, we cannot stress enough the importance of the Prime Minister and her Government engaging wholeheartedly on securing the future of Northern Ireland.

Beyond the pressing issue of Northern Ireland, the Government must concentrate on both their current and future relationship with the devolved institutions. It is not enough to firefight or untangle each individual issue as it arises; there must be a mode of working that allows the devolved Administrations consistently and co-operatively to feed into the Brexit process. Early signals from the Government have not been encouraging. Last year we had the JMC not being called from February to October; this year we have the EU (Withdrawal) Bill, which has been described by Members on all Benches in this House as not being fit for purpose on devolution. It is ludicrous and inaccurate to use such descriptions as “a power grab”; nevertheless, the vacuum being created by the Government not responding positively to the devolution principles is creating an atmosphere in which that accusation can be made and can gain credibility.

The House will be all too aware that the Scottish and Welsh Governments have warned that the Bill, as currently drafted, is in danger of not receiving legislative consent. Government Ministers have accepted that their own Bill is in need of amendment. They have promised that amendments on devolved powers will be brought forward in this House, after they failed to table them during the Bill’s stages in the House of Commons. Perhaps they will take inspiration—I hope they will—from amendments tabled by Her Majesty’s Opposition in the other place, which would have removed proposed restrictions on the devolved Administrations and allowed for the collaborative creation of common UK-wide frameworks for retained EU law. The question is how these flawed proposals were put before this Parliament without meaningful discussion first taking place with the devolved institutions. The Government must surely be aware of the lack of faith in the devolved institutions that the Government are taking their concerns seriously. I would like the Minister to illustrate what steps the Government are taking to assure the devolved Administrations that their genuine concerns are being listened to.

The mistakes should not be repeated. We have had some encouraging developments in the JMC on principles to allow common frameworks, which are key to the future of the UK economy. It is a small step, but surely is the start of something to be developed along these lines. Looking to the future, I ask the Minister: what is the next step in the establishment of those common frameworks that the UK as a whole needs to thrive? How will they be consulted on, agreed and, if necessary, legislated for? What are the Government doing to build the necessary machinery of government, to ensure that intergovernmental relationships are strengthened, that simple, everyday co-operation is facilitated, and that departments across Governments are working well together? What is being done to bolster expertise in devolved issues in the Civil Service? Different departments currently work with the devolved institutions to differing degrees and with differing amounts of success. Brexit will be a success only if it works for communities, businesses and people in every corner of the United Kingdom. We must ensure that detailed understanding and expertise about issues specific to Scotland, Wales and Northern Ireland are widespread among the departments delivering Brexit.

This is a new challenge but also an opportunity for our union, and the Government must rise to it. The Government must proceed in a way that strengthens our union, respects devolution and provides the devolved Administrations with a clear voice moving forward. My final word—I appreciate that the Minister has a lot to answer so I will try to give him some more time for that—is that the Government must take on the perception that no one has a firm handle on the Brexit negotiations with the European Union. They have created the perception that they do not have a firm grip on how to handle negotiations and understandings and get co-operation from the devolved Administrations. For the sake of all our people, we wish the Government well, but they really need to start demonstrating that they have a firm grip on these proceedings.