How is Devolution Changing Post-EU?

Following its recent report on the impact of Brexit on devolution, Holyrood’s Constitution, Europe, External Affairs and Culture Committee has begun work to engage businesses, civic society and the wider public on this fundamental constitutional issue.

In that report, the Committee concluded that there are fundamental concerns which need to be addressed in relation to how devolution works outside the EU.

The Committee’s view is that there is a need for a much wider public debate about where power lies within the devolution settlement following the UK’s departure from the EU.  This needs to address the extent of regulatory autonomy within the UK internal market.

The Committee highlighted substantive differences between the views of the UK Government and the Scottish and Welsh Governments regarding future alignment with EU law. Differences which raise vital constitutional questions including the extent the UK can accommodate four different regulatory environments within a cohesive internal market.

Now the Committee has launched a call for views asking four key questions and they want to hear from you.

Questions include:

• How devolution is now working following the UK’s departure from the EU including your experience of the policy-making and legislative processes;
•  How should devolution evolve post EU exit, to meet the challenges and opportunities of the new constitutional landscape;
• How much scope there is for regulatory divergence in areas such as environmental standards, food standards and animal welfare between each of the four parts of the UK;
• Are there sufficient safeguards to allow regulatory divergence across the four parts of the UK in areas where there are disagreements between governments?
• Are there sufficient safeguards to ensure an open and transparent policy-making and legislative process in determining the post-EU exit regulatory environment?
• Is there sufficient clarity regarding the post-EU exit regulatory environment within Scotland and how it relates to the rest of the UK?

Speaking as the inquiry launched, Committee Convener Clare Adamson MSP said:

“The devolution landscape has undoubtedly changed as a result of Brexit. There are now significant differences between the views of the UK Government and the views of the Scottish and Welsh Governments about alignment with EU law and these differences raise fundamental questions about the way devolution works outside of the EU.

“But these questions are far from theoretical. They will have significant impacts on business, communities and lives of people throughout Scotland. This is why we have today launched an inquiry to engage with a wide range of people to try and find answers to these most difficult of questions.”

The Committee’s call for views is open until 30 November 2022.

Read more about the inquiry

Deputy Convener Donald Cameron MSP said:

“In our recent report we made clear our concern about how devolution is to evolve to address the serious issues identified. Our inquiry launched today is about trying to find answers to these questions.

“We want to hear from all sectors in Scotland to try and address the issues which are facing us all.”