Memorandum on Delegated Powers in the EU (Withrawal) Bill and the Responses to it

The Memorandum concerning the Delegated Powers in the European Union (Withdrawal) Bill was published for the Delegated Powers and Regulatory Reform Committee on July 13th alongside the Bill.

The issue has since received critique from a variety of angles, most notably including a joint statement from the First Minister of Scotland, Nicola Sturgeon, and First Minister of Wales, Carwyn Jones:

The European Union (Withdrawal) Bill does not return powers from the EU to the devolved administrations, as promised. It returns them solely to the UK Government and Parliament, and imposes new restrictions on the Scottish Parliament and National Assembly for Wales.”

On that basis, the Scottish and Welsh Governments cannot recommend that legislative consent is given to the Bill as it currently stands.”

The statement went on to say that the bill is “a naked power-grab, an attack on the founding principles of devolution and could destabilise our economies“, a controversial statement that unsurprisingly was not well received by proponents of the Bill. As to the question of whether “the Scottish Government is right to characterise the Bill thus? And what will happen if consent to it is not forthcoming?”, this was discussed by Prof Mark Elliot on his excellent Public Law For Everyone blog. 

The following is a list of other noteworthy primary sources and articles on devolution within  the context of the EU (W) Bill and  the overall difficulty of determining the appropriate levels government for the powers that are to  be  returned from Brussels.

Primary Sources

Department for Exiting the European Union: Memorandum concerning the Delegated Powers in the European Union (Withdrawal) Bill (13.07.2017)

The Scottish Goverment:  joint statement on the EU Withdrawal Bill from the First Minister of Scotland and First Minister of Wales, Carwyn Jones (13.07.2017)

House of Lords European Union CommitteeBrexit: Devolution (11.07.2017). Although compiled prior to the compilation of the EU(W) Bill,  the report still provides useful information on many issues

The National Assembly for Wales Research Service Blog: What does the EU (Withdrawal) Bill mean for Wales and devolution? (17.07.2017)

Commentary

Hansard Society “The European Union (Withdrawal) Bill – initial reflections on the Bill’s delegated powers and delegated legislation” (18.07.2017)

The Constitution  Unit (UCL): The European Union (Withdrawal) Bill: constitutional change and legal continuity (18.07.2017)

Kenneth Campbell: “Henry VIII Comes to Scotland, Wales and Northern Ireland, and Other Devolution Questions in the EU (Withdrawal) Bill” (20.07.2017)

Clifford Chance: “Brexit: European Union (Withdrawal) Bill and the Devolution Dimension” (21.07.2017)

Mark Elliot:  A “blatant power grab”? The Scottish Government on the EU (Withdrawal) Bill (10.08.2017)