Devolution (Constitution Committee Reports)

Lord Selkirk of Douglas Excerpts

Monday 9th October 2017 Lords Chamber

[Lord Selkirk of Douglas (Con)]

My Lords, the speech just made is very interesting, because we are well aware that the devolution issues relating to Scotland, Wales and Northern Ireland are all quite different. The noble Lord, Lord Jay, led delegations from his Select Committee, on which I serve, and we went to each of the parliaments and saw very clearly not only that the issues are different but that we have a lot to learn from each other.

Tonight, I warmly welcome the noble Lord, Lord Duncan of Springbank. He is a very experienced parliamentarian from the European Parliament, and we very much look forward to his maiden speech—although I can think of few parliamentarians who have made more speeches before they make their maiden speech in this Chamber.

I served as an MSP for the first eight years, as did the noble and learned Lord, Lord Wallace of Tankerness, whom I vividly remember performing very effectively as Acting First Minister of Scotland when the Scottish Parliament met in Glasgow.

The Government and the opposition parties have been concentrating for months on how we can successfully undo the complex ties which bind us to the European Union. We know that there is still a long and winding parliamentary road ahead for us all to navigate, but while we discuss powers wielded by Henry VIII and the future jurisdiction—or more possibly non-jurisdiction—of the European Court of Justice, it is extremely important that we do not weaken the structure of our United Kingdom. I hope that the Minister will acknowledge this danger and assure us that the Government will do everything in their power to hold together what the Prime Minister has described as our “precious union”.

During the current Brexit process, this calls for an understanding of the sensitivity and hostility of the devolved Administrations to any unjustified retention by Westminster of power returned from the EU. It also requires a wholehearted commitment by representatives of the devolved institutions to engage in genuinely trying to reach agreements which benefit the whole United Kingdom.

The report Brexit: Devolution by the European Union Committee, of which I am a member, recognises the real danger which leaving the EU can pose to the somewhat piecemeal political structure and asymmetrical disposition of devolved power in these islands. It correctly concludes that our membership of the European Union has, as was said by the noble Lord, Lord Jay,

“been part of the glue holding the United Kingdom together since 1997”.

It continues:

“In practice, the UK internal market has been upheld by the rules of the EU internal market”.


It warns presciently that with Brexit comes,

“a risk that the complex overlapping competences within the UK could become increasingly unstable”.

Those statements come from pages 12 and 74 of the report.

The report cites the supremacy of EU law and its interpretation by the European Court of Justice as having ensured the consistency of regulations and standards across the whole United Kingdom. This includes devolved areas such as fishing, agriculture and the environment, whose future governance has already become a source of conflict between Westminster and the Scottish and Welsh Governments.

Clearly, it is a difficult balancing act to return power over those areas from Brussels directly to the devolved Governments while making sure that this does not result in a kind of economic balkanisation which damages the seamless working of the UK’s internal market, but this is surely a prime example of the need for the intergovernmental dialogue and co-operation which the report recommends. It must be improved, strengthened and made more transparent.

According to the report, most of the witnesses who gave evidence to the committee agreed that the United Kingdom Government needed to raise their game in this respect. It suggests that this could begin by making the present joint ministerial committees more effective by more preparation, a structured work programme and a willingness to accept that the Joint Ministerial Committee (EU Negotiations) is much more than a talking shop. The Constitution Committee, in its report Inter-governmental Relations in the United Kingdom, also acknowledges the need for improved lines of communication between the nations of the United Kingdom and calls for meetings of the joint ministerial committees to be given a higher profile, with more explanation of their work. The positive, well-thought-out recommendations of the noble Lord, Lord Norton, deserve to be given careful and serious consideration.

In their response to the EU Committee’s report, the Government insist that they have been clear from the start that the devolved Administrations should be fully engaged in the EU exit process. We can achieve far more,

“if we pull together than if we are divided”,

they say. Any post-Brexit changes, however,

“would be for the UK Parliament and where applicable the devolved legislatures to comment upon”.

It is hard to look beyond Brexit, but once our new political course is clearly set, we must take action to shore up our own union. One aspect of this was referred to the other day, when our Scottish leader Ruth Davidson criticised Britain for being too London-centric, calling for more jobs and cultural institutions to be located around the country, better to spread the benefits of the union.

The EU Committee report sees the need in the longer term for a strengthened forum for inter-parliamentary dialogue within the United Kingdom, and states that its resourcing and relationship with existing bodies such as the British-Irish Parliamentary Assembly needs careful consideration. It promises that this House will hope to play a part to begin with, by developing and broadening its well-established mechanisms for collaboration with colleagues in the devolved legislatures.

Can the Minister assure us that the Government will be sympathetic to all such aspirations and that they truly understand the need for more diversity, flexibility and transparency as we seek to strengthen and nurture our most precious union, now and in future?