Why devolved nations must be accorded equal status after Brexit
As if Brexit wasn’t complicated enough, it could lead to greater bureaucracy in the relationship between the UK and Welsh Governments. Martin Shipton explains
EU red tape, we were told, was causing major problems for businesses and farmers. The answer was to leave the EU, take back control and steam ahead on our own terms.
But if the simplistic rallying cry was always dubious – one person’s red tape is another’s life-saving health and safety regulation – the increasing complexity of life postBrexit is becoming ever more clear.
Just a few months ago, the latest Wales Act was passed, giving the Welsh Government the chance to raise income tax for the first time since the National Assembly came into being in 1999.
It has also changed the nature of Welsh devolution into one where all powers reside in Cardiff, except those that are specifically reserved to Westminster. Most pro-devolutionists think too much has been reserved to a Westminster that seems intent on clinging on to as many powers as possible.
Now, however, it seems that Brexit is destined to complicate matters yet again.
The so-called Great Repeal Bill will be about how we incorporate existing EU laws into the legal systems that apply in the UK.
Having been a member state of the EU since 1973, a huge amount of legislation has built up over the years across the range of policy areas over which the EU has influence and some control.
However much they may hate EU laws in principle, even the most redblooded Brexiteers aren’t advocating that all of them should be repealed in one fell swoop. Doing so would leave too many gaps in our legal framework and give industrial polluters, for example, what in effect would be a licence to emit the most noxious substances into our air and water. It simply couldn’t be done.
So, instead, all the EU laws which have been passed will be incorporated into our domestic statute books. In future, of course, as with all other existing legislation, the government of the day will be entitled to repeal the laws or amend them.
Many of those who wanted the UK to retain its membership of the EU believe the Conservatives want to strip workers of employment rights and scrap environmental and health and safety regulations. However many times Tory MPs like Monmouth’s David Davies say they have no intention of doing that, doubts remain.
Now it’s become clear that another element of the Great Repeal Bill will be fraught with potential difficulty in terms of the relationship between the UK and Welsh governments.
The White Paper the UK Government has published in advance of the Bill has a chapter called Interaction with the devolution settlements, which states: “In areas where the devolved administrations and legislatures have competence, such as agriculture, environment and some transport issues, the devolved administrations and legislatures are responsible for implementing the common policy frameworks set by the EU.
“At EU level, the UK Government represents the whole of the UK’s interests in the process for setting those common frameworks and these also then provide common UK frameworks, including safeguarding the harmonious functioning of the UK’s own single market.
“When the UK leaves the EU, the powers which the EU currently exercises in relation to the common frameworks will return to the UK, allowing these rules to be set here in the UK by democratically-elected representatives.”
But which democratically-elected representatives is the UK Government talking about?
We soon find out: “As powers are repatriated from the EU, it will be important to ensure that stability and certainty is not compromised, and that the effective functioning of the UK single market is maintained. Examples of where common UK frameworks may be required include where they are necessary to protect the freedom of businesses to operate across the UK single market and to enable the UK to strike free trade deals with third countries. Our guiding principle will be to ensure that no new barriers to living and doing business within our own Union are created as we leave the EU.”
What the UK Government is saying is that paramount in its concerns will be establishing common rules across the four UK nations that will enable what it has – doubtless in a partly tongue-in-cheek kind of way – chosen to refer to as the UK single market.
It does, however, give a sop to the devolved administrations, stating: “[The] Government intends to replicate the current frameworks provided by EU rules through UK legislation. In parallel we will begin intensive discussions with the devolved administrations to identify where common frameworks need to be retained in the future, what these should be, and where common frameworks covering the UK are not necessary.”
This could amount, if interpreted harshly, to the most severe rolling back of powers to Westminster since the devolved administrations were set up. The only way forward in these circumstances is for Wales, Scotland and – when its administration is functioning again – Northern Ireland to insist on inter-governmental structures that will protect the interests of their nations.
Rules will have to be put in place to stop governments competing with each other by throwing more money at potential inward investors, and ensuring that environmental policies that have negative impacts outside a UK country’s borders cannot be pursued.
Many complex negotiating sessions are in store – and the devolved nations must be accorded equal status with the UK Government as solutions are sought.