Devolution and Exiting the EU: reconciling differences and building strong relationships Contents

Formal minutes

Tuesday 24 July 2018

Sir Bernard Jenkin, in the Chair

Ronnie Cowan

Mr Marcus Fysh

Dame Cheryl Gillan

Kelvin Hopkins

Mr David Jones

Sandy Martin

David Morris

Draft Report (Devolution and exiting the EU: reconciling differences and building strong relationships), proposed by the Chairman, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1 to 33 read, and agreed to.

Paragraph 34 read.

When the Bill was introduced, the devolved institutions recognised the need to provide clarity and certainty and to preserve a functioning legal system after leaving the EU. In their initial Legislative Consent Memorandums, both the Scottish and Welsh Governments supported the purpose and intent of the Bill, although they declined to give legislative consent to it at that early stage. It soon became clear, however, that there was a difference of opinion over where the legislative authority over certain areas of policy previously held at EU level (“retained EU law”) would lie within the existing UK constitutional arrangement, for example, who would have the authority to change laws and regulations in relation to areas of devolved competence such as fisheries. This exposed the fact that the UK Government and the devolved institutions had clear conceptual differences in their understanding of the devolution settlements (as discussed above in Chapter 2). In brief, the UK Government position, shown through the drafting of the original Clause 11 of the Bill, was to return legislative authority to Westminster by default, while the position of the Scottish and Welsh Governments was for legislative authority on non-reserved matters to return to Holyrood and Cardiff bay.

Amendment proposed, in line 10, leave out from “fisheries.” to “In brief” in line 13 – (Mr David Jones)

The Committee Divided

Ayes, 3

Dame Cheryl Gillian

Kelvin Hopkins

Mr David Jones

Noes, 1

Ronnie Cowan

Question accordingly agreed to.

Paragraph 34, as amended, agreed to.

Paragraphs 35 to 151 read, and agreed to.

Summary agreed to.

Resolved, That the Report, as amended, be the Eighth Report of the Committee to the House.

Ordered, That the Chair make the Report to the House.

Ordered, That embargoed copies of the Report be made available, in accordance with the provisions of Standing Order No. 134.

[Adjourned till 4 September 2018 at 09.30am

Published: 31 July 2018