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Legislative Consent?
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The leaders of the Scottish and Welsh governments have convened and (surprise surprise) have concluded that "cannot recommend that the Scottish Parliament and National Assembly give their necessary legislative consent to the Bill." As a result, they are proposing amendments.
What is the legal truth of this "legislative consent"? At what stage would the two bodies need to be consulted (if at all) and what would happen if they refused to approve the EU Withdrawal Bill?
The leaders of the Scottish and Welsh governments have convened and (surprise surprise) have concluded that "cannot recommend that the Scottish Parliament and National Assembly give their necessary legislative consent to the Bill." As a result, they are proposing amendments.
What is the legal truth of this "legislative consent"? At what stage would the two bodies need to be consulted (if at all) and what would happen if they refused to approve the EU Withdrawal Bill?
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"the devolved assemblies are irrelevant kromo. They may have suggestions and objections but no actual effect."
ZM has several times already mentioned the "Sewel Convention". I'm not sure I'm fully aware how this works but essentially (at least until recently) it's a gentleman's agreement that Westminster will consult on matters relating to the devolved parliaments before legislating in ways that affect the devolved regions. Since 2016, it is now apparently encoded in law as Section 28 (8) of the Scotland Act 1998, according to the following text:
"...it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament."
Like it or not, EU law affected Scottish (devolved) matters as well as UK-wide law. So the opinion of the Scottish parliament *is* relevant, in fact. Exactly what happens if they refuse to budge on matters relating to the EU (Withdrawal) Bill I don't know, but I suspect that trying to ignore Scottish and Welsh opinions entirely opens up yet another legal can of worms.
ZM has several times already mentioned the "Sewel Convention". I'm not sure I'm fully aware how this works but essentially (at least until recently) it's a gentleman's agreement that Westminster will consult on matters relating to the devolved parliaments before legislating in ways that affect the devolved regions. Since 2016, it is now apparently encoded in law as Section 28 (8) of the Scotland Act 1998, according to the following text:
"...it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament."
Like it or not, EU law affected Scottish (devolved) matters as well as UK-wide law. So the opinion of the Scottish parliament *is* relevant, in fact. Exactly what happens if they refuse to budge on matters relating to the EU (Withdrawal) Bill I don't know, but I suspect that trying to ignore Scottish and Welsh opinions entirely opens up yet another legal can of worms.
The tail can not wag the dog. If lack of foresight means existing legislation is poorly written, allowing folk to suggest a potential issue, then Westminster needs to revisit that legislation and approve amendments or replacement to clarify the original existing intent. Ultimately it's still a UK decision as it is the UK that is the member, and any lower governmental tier has just the responsibility for sorting out issues arising related to their area of control. Brexit is not a devolved issue, and it seems a possibility that some remainers north of the border may have forgotten that the Br in Brexit stands for British, not Scottish; or if it comes to that, not Welsh nor Northern Irish either.
I think those North (and West) of the border are reminding everyone that the Br bit of Brexit is exactly that. British and not English.
Parliament can't just amend laws when they are interpreted to people's (in this case the devolved governments) advantage.
Another classic example of the complexities of Brexit which the politicians didn't quite explain to us all pre vote.
Parliament can't just amend laws when they are interpreted to people's (in this case the devolved governments) advantage.
Another classic example of the complexities of Brexit which the politicians didn't quite explain to us all pre vote.
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