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Devolution

A week after the state of intergovernmental relations (IGR) in the UK was highlighted by the UK government’s law officers standing in opposition to their devolved counterparts in the UK Supreme Court, the Public Administration and Constitutional Affairs Committee published a report on improving IGR after Brexit. Jack Sheldon discusses the methods by which England could gain distinct representation — something it currently lacks — in a new IGR system.

The House of Commons Public Administration and Constitutional Affairs Committee issued its report ‘Devolution and Exiting the EU: reconciling differences and building strong relationships’. Discussing its contents, Professor Nicola McEwen suggests that the Report includes some practical recommendations, some of which were informed by CCC research. It also shines a light on some of the more difficult challenges ahead.

The devolved legislatures’ ‘continuity’ legislation prepares their statute books for Brexit in the event of an ongoing impasse with the UK Government over the so-called ‘power grab’ in the EU Withdrawal Bill. Professor Nicola McEwen suggests these ongoing discussions and debates provide insight into the challenges and opportunities likely to shape ongoing intergovernmental relationships.

The fundamental issue with Clause 11 of the EU (Withdrawal) Bill, which allows the UK parliament and government to retain competence in areas of devolved responsibility, is one of trust, says Nicola McEwen.

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Aileen McHarg looks at last week’s decision by the Supreme Court in the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill reference which demonstrates both the strength and the weakness of Holyrood as a legislature.

The Supreme Court's ruling on the Scottish Continuity Bill gave both sides something but acknowledged that the vast bulk of the Bill was within Holyrood's competence at the time it was passed however, suggests Sionaidh Douglas-Scott, the strong feeling that devolved interests are not taken seriously highlights underlying fractures within the Union.

Although the N-VA has insisted it left the Belgian government to pursue ’principled opposition’ those principle are, says Coree Brown Swan, at the very least informed by a strategy that allows it to maintain policy influence from outside government while countering the electoral threat posed by a resurgent Vlaams Belang.