Interesting leak on Brexit devolution issue that is causing more severe headaches in Government:
Basically EU membership was hardwired into the devolution settlements, can be unpicked, but essentially involves *creating* a new UK Single Market, with baseline of common regulations, standards, legal redress, enforcement. Not least for future trade deals.
Then the fun starts when you interact this with the plan for “ambitious managed divergence”.
1. Say UK opts in future to diverge from an EU regulation, knowing that this will go to a UK-EU arbitration committee to decide on possible market access implications...complicated enough
1. Say UK opts in future to diverge from an EU regulation, knowing that this will go to a UK-EU arbitration committee to decide on possible market access implications...complicated enough
2. But if it is in a devolved area, say agricultural standards, does Holyrood have to give consent too? What if the standard change is in an area that is fine for Commons MPs, but the restriction of Market access is in an area of particular eg Scottish concern? -
3. On other hand can it really be expected that future Trade Sec’s negotiations constrained by having to seek consent from Holyrood, Cardiff, Stormont?
Then again, what if access for say Australasian markets for financial services is traded for NZ lamb? Does Cardiff get a veto?
Then again, what if access for say Australasian markets for financial services is traded for NZ lamb? Does Cardiff get a veto?
4. Ie will Scotland & Wales have more or less power over their future trade policy than Wallonia in the EU?...
The UK Gov argue both will end up with more power than currently exists within the EU trading system
The UK Gov argue both will end up with more power than currently exists within the EU trading system
... anyway this all probably starts to explain why the Scottish Tory MPs spent hours en bloc in various bits of Downing Street on Tuesday, while we were waiting for Verhofstadt... serious issue.
... and here is the document listing 24 areas where UK Government wants to legislate for UK wide standards - fisheries, food labeling, chemicals, agriculture, animal welfare etc: gov.uk/government/upl… 
Page 2: eg fisheries management & support on the list of requiring new UK legislation post Brexit, but fishing currently specifically devolved in the Scotland Act & Wales Act
Page 3: procurement, professionals qualifications etc...
So Nick’s leak at top of thread from minister, refers to creation of this list below of 12 areas, which UK Government declare are reserved - powers returning from Brussels which will not be devolved:
state aid, migrant access to benefits, energy labelling, Geographic indicators
state aid, migrant access to benefits, energy labelling, Geographic indicators
..once you solve [ambitiously] managed regulatory divergence by House of Commons, subject to some restriction of market access arbitrated under new UK-EU not-court, given consent or not by Holyrood & Cardiff, cd also cut across any Irish commitments too:
In any event Scottish Government doesn’t agree, argues that for example not all State Aid is reserved... from Scot Gov’s [not Brexit] “Negotiating Scotlands Place in Europe” minister @Feorlean
And you have to ask how this would all be being handled in Belfast if Stormont was up and running... answers on a postcard. But not from me, I’m off to watch some football!
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