Leader ‘muddled’ on Sewel convention

JACK Mcconnell didn’t understand a key part of the devolution settlement, official papers suggest.

The then Labour FM told his cabinet, without any challenge, that the Sewel convention “prevented” Westminster legislating in devolved areas without MSPS’ consent.

It does no such thing, and last year Westminster proved it by imposing Brexit legislation on Scotland despite Holyrood explicitly withholding its consent.

The convention is likely to be breached again in coming months because of more Brexit laws, including Boris Johnson’s current Withdrawal Agreement Bill (WAB).

The convention is a political arrangement between the UK Parliament and its devolved counterparts.

It says that although Westminster is sovereign, and can in theory legislate as it pleases, it will “not normally” encroach into devolved areas without prior consent.

However this is not enforceable in law.

Despite this, newly released National Records show Mr Mcconnell told his cabinet on 24 November 2004 that the Sewel convention offered an absolute protection.

The day after a Queen’s speech at Westminster, Mr Mcconnell said ministers should “take every opportunity to emphasise the benefits of Sewel Motions”.

Among the “key points to make were that the Sewel Convention provided an important protection which prevented the UK Parliament from legislating on devolved matters, without the approval of the Scottish Parliament.”

The cabinet agreed to produce a “short briefing note on the benefits of Sewel Motions”.

At the time, Labour was in power at both Westminster and Holyrood, and a breach of the Sewel convention appeared unthinkable.