Brexit: Devolved Administrations

Lord Suri Excerpts

Thursday 25th January 2018 Lords Chamber

[Lord Suri (Con)]

My Lords, Brexit must be a moment of national renewal. Should it appear to be a moment of national stagnation, any changes that we make can be reversed by future generations with ease. With that in mind, let us turn to the future of the union.

I have been a consistent supporter of devolution in this place, and I have also been looking at the case for an English Parliament, which might strengthen the union. Brexit provides a chance to send a great number of powers to our three devolved Parliaments, especially on rural affairs, and I have been disappointed to see the ongoing tussle between the Government and the devolved Administrations.

In particular, I have grave concerns about the Scottish devolution settlement as regards legislative power. As it stands, the principle that holds the devolution settlement in place is that all policy matters are devolved to Scotland unless they are specifically reserved. The Government may choose to reserve or devolve more powers, but the reservation of additional powers ought to be done with the express consent of the Scottish Parliament. However, the withdrawal Bill, which has recently come here from the other place, seems to create a new principle.

As we heard earlier, Clause 11 of that Bill would allow the UK Government to change laws in areas currently devolved in a way that would previously have run contrary to EU law. However, the Scottish Government will not have the same power. I struggle to see how this new way of working is consistent with the principles laid out in the Scotland Act and I hope that there will be some creative thinking on it from the Government. I have worked with the new Minister for the Cabinet Office in the past, and I hope that he can find some consensus on the Joint Ministerial Committee, on which he now sits.

My second point is on Northern Ireland. I have spoken before in this place about the unfolding collapse of power-sharing and my deep regret at the current state of affairs. The Secretary of State has announced what must be at least the fifth new round of talks between parties in the Assembly, but it would be fair to say that few think that a new deal is likely to follow.

In the last round of the Brexit negotiations, the can was kicked down the road on the issue of the border. I understand why, as trade issues are closely linked to the future status of the border and both discussions need to be concluded at the same time, but this may require some unorthodox thinking. If the whole of the UK follows EU rules in the areas codified in the Good Friday agreement, that ought not to be a problem, as the Government can legislate for the whole of the UK, but if a deal is reached that agrees regulatory shadowing of EU laws, such shadowing will need to be, first, devolved and then passed by the Assembly. However, in the absence of an Assembly, what will happen?

These pressing issues of the border underline the desperate need for either the return of power-sharing or direct rule. My preference is for the least obstructive border consistent with leaving the single market and the customs union, even if it forces the whole of the UK into following some EU laws. Peace on the island of Ireland is more important than any lost trade opportunity. It is hard won, and our duty is to keep it for future generations.