devolution issues – Current Awareness

Thomas Horsley, Coree Brown Swan, Nicola McEwen and Lisa Claire Whitten: Westminster Rules: The United Kingdom Internal Market Act and Devolution – UK Constitutional Law Association

Posted October 21st, 2024 in brexit, constitutional law, devolution, devolution issues, news by tracey

‘The UK Labour Government is committed to resetting relations with the devolved institutions. Yet, in its manifesto, Labour made no mention of any plans to reform the United Kingdom Internal Market Act 2020 (UKIMA) – regulating intra-UK trade post-Brexit – to deliver that commitment. In government, Labour now appears reluctant to engage directly with the Act, preferring to work around, rather than with it (Horsley, 2024). In a new report on the operational impact of the UKIMA on devolution, we call on the UK Government to change tack and address the Act directly in collaboration with the devolved institutions. We conclude that reform is essential to restore intergovernmental trust – the desired ‘relations reset’ – and rebalance the authority of the UK and devolved institutions with respect to regulating intra-UK trade.’

UK Constitutional Law Association, 17th October 2024

Source: ukconstitutionallaw.org

Stephen Tierney: Towards a Principle of Positive Engagement?: The House of Lords Constitution Committee reports on The Governance of the Union – UK Constitutional Law Association

Posted September 27th, 2024 in bills, brexit, constitutional law, coronavirus, devolution, devolution issues, inquiries, news, Scotland, select committees by sally

‘Over the past decade the House of Lords Constitution Committee has immersed itself in the principles, purposes and operation of devolution. Last week marked 10 years since the referendum on Scottish independence, and in that time the Committee has published multiple reports on the changing face of the territorial constitution, offering encouragement, detailed critique and practical recommendations. A number of these publications are cited in the introduction to its most recent report on The Governance of the Union: Consultation, Co-operation and Legislative Consent, which is published today. This report addresses the new system of intergovernmental relations introduced in 2022, the operation of the Sewel convention, the use of secondary legislation in devolved areas and plans by the new Labour Government for further devolution in England. Most notably, it recommends that a “principle of positive engagement” be added to the existing principles for intergovernmental relations, currently listed in The Review of Intergovernmental Relations policy document of January 2022.’

UK Constitutional Law Association, 27th September 2024

Source: ukconstitutionallaw.org

Scottish court rules UK government veto of gender recognition bill lawful – The Guardian

Posted December 8th, 2023 in bills, devolution, devolution issues, equality, gender, news, Scotland, transgender persons by michael

‘In a ruling that will disappoint LGBTQ+ campaigners and offers a boost to Rishi Sunak at the end of a difficult week, Lady Haldane rejected the Scottish government’s petition to rule the UK government’s section 35 veto – contained in the 1998 Scotland Act, which created the devolved parliament – as unlawful.’

The Guardian, 8th December 2023

Source: www.theguardian.com

Gordon Guthrie: Brown vs Dewar – The Labour Commission on the UK’s Future – UK Constitutional Law Association

Posted February 8th, 2023 in constitutional law, constitutional reform, devolution, devolution issues, news, political parties, Scotland by sally

‘With the publication of Labour’s Commission on the UK’s Future it is worth contrasting the approach that Gordon Brown and his colleagues have taken with the very successful devolutionary legacy of Donald Dewar.’

UK Constitutional Law Association, 8th February 2023

Source: ukconstitutionallaw.org

Protest and proportionality in the Supreme Court: The Safe Access Zones Bill Reference [2022] UKSC 32 – UK Human Rights Blog

Posted December 15th, 2022 in abortion, bills, devolution issues, harassment, news, Northern Ireland, Supreme Court by tracey

‘Abortion in Northern Ireland has had a fraught and frequently distressing history. Until 2019 when the UK Parliament reformed the law, the jurisdiction had the most restrictive approach to abortion in the UK. But even this reform has not reformed the reality, either for those seeking abortion services or information and counselling on such services or for those who work at providers of such services lawfully. I have previously written about the situation as it stood in March 2021, and the reality has changed little since then, with two notable exceptions. In March 2022, the Northern Ireland Assembly passed the Abortion Services (Safe Access Zones) Bill (Northern Ireland) (“SAZ Bill”) to create buffer zones around lawful abortion providers, in an attempt to criminalise the harassment and intimidation of people who seek or work in such places. On 2 December 2022, tired of the glacial pace and political controversy in commissioning abortion services, the Secretary of State for Northern Ireland moved to commission such services himself. In the interim, the Attorney General for Northern Ireland (“AGNI”) referred the SAZ Bill to the UK Supreme Court to determine whether it was lawful.’

UK Human Rights Blog, 14th December 2022

Source: ukhumanrightsblog.com

Chris Himsworth: Referendum Bill Consequentials – UK Constitutional Law Association

Posted November 30th, 2022 in bills, constitutional law, devolution, devolution issues, news, parliament, referendums, Scotland, Supreme Court by sally

‘At paras 56-57 of their judgment, the court in Reference by the Lord Advocate of devolution issues ([2022] UKSC 31) declared: “The central issue is whether legislation for a referendum on Scottish independence would relate to a reserved matter…. The critical question is accordingly whether the proposed Bill would relate to the Union of the Kingdoms of Scotland and England or the Parliament of the United Kingdom”.’

UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org

New Judgment: Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31 – UKSC Blog

Posted November 24th, 2022 in bills, constitutional law, devolution, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘The Scottish Government drafted a Scottish Independence Referendum Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?”. Under the Scotland Act 1998 (“the Scotland Act”), the power of the Scottish Parliament to make legislation (or its “legislative competence”) is limited. A provision of a Bill will be outside the legislative competence of the Scottish Parliament and therefore not law if it relates to the matters which have been reserved to the United Kingdom Parliament in Westminster (sections 29(1) and (2)(b)). These reserved matters include “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)).’

UKSC Blog, 23rd November 2022

Source: ukscblog.com

Supreme court rules against Scottish parliament holding new independence referendum – The Guardian

Posted November 23rd, 2022 in bills, constitutional law, devolution, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘The Scottish parliament cannot hold a second independence referendum without Westminster approval, the UK supreme court has ruled, in a unanimous judgment likely to anger Scottish nationalists who say the country’s future is for Scottish voters to decide.’

The Guardian, 23rd November 2022

Source: www.theguardian.com

What is the supreme court’s Scottish independence ruling about? – The Guardian

Posted November 23rd, 2022 in bills, constitutional law, devolution, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘All you need to know about decision on whether Scotland can hold new referendum without Westminster approval.’

The Guardian, 23rd November 2022

Source: www.theguardian.com

Supreme Court to rule on indyref2 powers next week – BBC News

Posted November 16th, 2022 in devolution issues, news, parliament, referendums, Scotland, Supreme Court by sally

‘The Supreme Court will deliver its judgement next Wednesday on whether the Scottish Parliament can hold a second independence referendum without Westminster’s approval.’

BBC News, 16th November 2022

Source: www.bbc.co.uk

Supreme Court indyref2 judgment could take ‘six to eight weeks’, Lord Hope says – The Independent

Posted October 10th, 2022 in bills, constitutional law, devolution issues, news, referendums, Scotland, Supreme Court by tracey

‘The Supreme Court’s judgment on the legality of a Scottish independence referendum could be provided within six to eight weeks, its former deputy president has said.’

The Independent, 9th October 2022

Source: www.independent.co.uk

UK government submits indyref2 argument to Supreme Court – BBC News

Posted August 10th, 2022 in bills, constitutional law, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘The UK government has submitted its argument in a case that could allow the Scottish Parliament to legislate for another independence referendum.’

BBC News, 9th August 2022

Source: www.bbc.co.uk

Anurag Deb and Nicholas Kilford: The UK Internal Market Act: Devolution Minimalism and the Competence Smoke Screen – UK Constitutional Law Association

Posted July 6th, 2022 in constitutional law, devolution, devolution issues, news, Scotland by sally

‘The UK’s territorial constitution is, at present, under a great deal of pressure. Those familiar with one force unsettling the devolution framework — the attempts to override the Northern Ireland Protocol — will no doubt recall the legislation that first countenanced a similar approach: the UK Internal Market Act 2020 (UKIMA). This piece of legislation is, however, once again causing its own stir, this time in the form of a clash between Scottish and UK ministers over gene-editing regulations.’

UK Constitutional Law Association, 4th July 2022

Source: ukconstitutionallaw.org

Iain Jamieson: Effect of the Bill of Rights upon the meaning of Convention Rights under the Scotland Act – UK Constitutional Law Association

Posted July 6th, 2022 in brexit, constitutional law, devolution issues, human rights, news, Scotland by sally

‘The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known.’

UK Constitutional Law Association, 5th July 2022

Source: ukconstitutionallaw.org

What happens when a devolved bill is referred to the UK Supreme Court? – House of Commons Library

Posted July 5th, 2022 in abortion, bills, devolution issues, news, Northern Ireland, Supreme Court by tracey

‘The Abortion Services (Safe Access Zones) Bill (Northern Ireland) has been referred to the UK Supreme Court. We explain why, and how a bill reference works.’

House of Commons Library , 4th July 2022

Source: commonslibrary.parliament.uk

Devolved powers and the internal market post-Brexit – UK Human Rights Blog

Posted March 4th, 2022 in appeals, brexit, devolution, devolution issues, human rights, judicial review, jurisdiction, news, Supreme Court, Wales by tracey

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

UK Human Rights Blog, 3rd March 2022

Source: ukhumanrightsblog.com

Supreme Court upholds challenge to two Holyrood bills – BBC News

Posted October 7th, 2021 in bills, devolution issues, news, parliament, Scotland, Supreme Court by sally

‘Judges at the Supreme Court have ruled that provisions in two bills passed by MSPs were beyond Holyrood’s powers.’

BBC News, 7th October 2021

Source: www.bbc.co.uk

Supreme Court to hear UK challenge to two Holyrood bills – BBC News

Posted June 28th, 2021 in bills, children, devolution issues, government departments, local government, news, Scotland, Supreme Court, treaties by tracey

‘The Scottish and UK governments are to face off at the Supreme Court over whether two bills passed by MSPs are within Holyrood’s powers.’

BBC News, 28th June 2021

Source: www.bbc.co.uk

Kenneth Armstrong: Governing With or Without Consent – The United Kingdom Internal Market Act 2020 – UK Constitutional Law Association

Posted December 21st, 2020 in bills, brexit, constitutional law, devolution issues, EC law, news, parliament, statutory interpretation by sally

‘The United Kingdom Internal Market Act has become law, receiving Royal Assent shortly before MPs and Lords departed the Palace of Westminster for the holidays. The controversial provisions in Part 5 conflicting with the EU-UK Withdrawal Agreement and Northern Ireland Protocol – previously discussed by me here – have been removed following the outcome of a meeting of the EU-UK Joint Committee that resolved – at least for the moment – outstanding issues in the practical implementation of the Protocol.’

UK Constitutional Law Association, 18th December 2020

Source: ukconstitutionallaw.org

New Judgment: A Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2020] UKSC 2 – UKSC Blog

Posted February 6th, 2020 in attorney general, benefits, devolution issues, human rights, news, Northern Ireland, Supreme Court by sally

‘This appeal arose as a result of an application made by the Attorney General for Northern Ireland under the Northern Ireland Act 1998, Schedule 10 paragraph 34. Paragraph 34 provides that the Attorney General may refer to the Supreme Court any devolution issue which is not the subject of proceedings. A devolution issue includes a question whether a purported exercise of a function by a Northern Ireland Department is or would be invalid by reason the 1998 Act, s.24. S. 24(1)(a) provides that a Department of Northern Ireland has no power to make, confirm or approve any subordinate legislation, or to do any act, so far as the legislation or act is incompatible with any of the rights guaranteed by the European Convention on Human Rights.’

UKSC Blog, 5th February 2020

Source: ukscblog.com

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