Brexit: Devolved Administrations

Lord Wigley Excerpts

Thursday 23rd November 2017 Lords Chamber

Asked by

[Lord Wigley]

To ask Her Majesty’s Government what progress has been made in discussion with the devolved Administrations relating to the establishment of an agreed intergovernmental forum between Westminster and the devolved Governments to decide on appropriate competence for powers relating to devolved functions repatriated from the European Union following Brexit.

[Lord Young of Cookham (Con)]

My Lords, the Joint Ministerial Committee (EU Negotiations) facilitates engagement and collaboration between the UK Governments and devolved Administrations on the UK’s exit from the European Union. Important progress was made at the most recent meeting on 16 October in agreeing a set of principles that will underpin the establishment of common frameworks as powers are repatriated from the EU. Following agreement of the principles at that committee, the Government are working with the devolved Administrations to make quick progress on the potential role for frameworks in some specific policy areas. The committee is due to meet again in December, ahead of the European Council.

[Lord Wigley (PC)]

My Lords, does the Minister accept that, when repatriated powers return from Brussels over wholly devolved functions such as agriculture, those powers should be transferred automatically to the devolved Governments, but an intergovernmental mechanism should immediately be put in place to resolve any issues that might distort the UK single market? Does he accept that the fear in Cardiff and Edinburgh is that any such mechanism will deliver only token consultation, with substantive decisions being taken here at Westminster? Could he give an assurance that decision-making will be on the basis of unanimity or qualified majority voting within such a forum, as is currently the case for EU decisions taken in Brussels?

[Lord Young of Cookham]

I think those fears—that Westminster will hang on to all the powers that are repatriated from the EU—are misplaced. We want to release as much as we can to the devolved Administrations, consistent with our ability to maintain a single market in the UK, our ability to maintain international treaties that the Government have entered into, our ability to negotiate new trade agreements post Brexit, and our responsibility to manage common resources and assure justice in cross-border areas. Subject to those constraints, we want to make quick progress and devolve as much as we can to the devolved Administrations.