Brexit: Devolved Administrations

Lord McConnell of Glenscorrodale Excerpts

Thursday 23rd November 2017 Lords Chamber

[Lord Young of Cookham]

Repatriation of powers from the EU opens opportunities to devolve powers down to local government. We are in consultation with the city region mayors, the local authorities and the LGA as we leave the European Union, to understand the impact and challenges of Brexit, but also to see what repatriated powers can be devolved from Westminster down to local authorities at all levels.

[Lord McConnell of Glenscorrodale (Lab)]

My Lords, I welcome the very positive response from the Minister, but there are clearly a number of significant decisions still outstanding in this regard. I urge the Government to consider at the end of the day, when these discussions have all taken place, having an independent element in the final judgments, because there will be a question of interpretation between the position of the UK Government on reserved responsibilities and the devolved Administrations and Governments on devolved responsibilities. It is vital that we respect the devolution settlement and the principles behind it from 1999 but, at the same time, reach an agreement that does not lead to increased tension inside the United Kingdom. Could there be an independent element in the final judgment when those discussions are reaching their conclusion?

[Lord Young of Cookham]

We want to reach consensus with the devolved Administrations on which powers go straight through and which are retained under what is called a common framework. If one looks at the communiqué that was issued at the end of the last meeting, one can see that real progress was made. I think the devolved Administrations concede that some powers will have to be subject to what is called a common framework, for the reasons that I outlined. Greater clarity on this will be obtained once we hit Clause 11 of the European Union (Withdrawal) Bill in the other place. There are a number of amendments along the lines of those referred to by the noble Lord on resolving that issue but, at the moment, we believe that the Joint Ministerial Committee is the right place to try to seek agreement quickly. It may be possible to release some of the powers immediately we leave the European Union, if good progress can be made.