FORMER PRIME MINISTER
As the row between the Scottish and UK governments over devolved issues shows no sign of abating, the ex-Chancellor of the
Exchequer suggests a compromise plan European matters to be devolved, direct the devolved administrations unless they agree otherwise. where this is necessary to meet
The Government’s initial international obligations. approach, however, was to legislate If the power to make proposed to reserve all “retained EU law”, Orders was confined to matters in while taking power to devolve it which international obligations piece by piece by Order of were involved, this would be Parliament. This innovation was consistent with the principles of justified on the grounds that UK the settlement – and it would frameworks would be needed to demonstrate the UK Government replace European ones. understood their responsibilities to
Aware they had gone too far, the the devolved administrations. Government‘s new approach is to Where the UK is signing treaties take power to reserve by Order on agriculture, for instance, a specified areas of EU retained law, common framework is desirable as on a temporary basis – with a long as Northern Ireland, Scottish seven-year sunset clause – but and Welsh legislatures are without guaranteeing to obtain consulted. But when it comes to devolved consent. regional policy, for example, where
While this narrows the potential no international obligations may number of breaches of the be involved, the devolved principles of the devolution legislatures should be free to act. settlement it does not alleviate There is no need for Westminster concerns. Ministers can, under the to retain these “devolved” powers clause, alter devolved powers in until 2026. The clause should be the absence of consent – indeed, triggered by 2024 at the latest. they can override the formal views Even if the nationalists do not of the Scottish Parliament. agree with these two changes,
The nub of the problem remains justice will have been done to that UK ministers are taking power devolution’s founding principles. to reserve what would otherwise It has been revealed Scottish be devolved matters without Conservative leader Ruth Davidson agreement from the Scottish privately opposed the Vow, which Parliament and I suggest we make delivered far more extensive the changes recommended by powers to Scotland. As Parliament Professor Jim Gallagher, ex-head discusses Scotland, the Labour of devolution in the Cabinet Office. Party can show they are the one
It is a principle of the devolution party who stand up for a strong settlement that UK ministers may Scottish Parliament within the UK.