How devolution is changing post-Brexit: call for views

How devolution is changing post-Brexit is the subject of a major new inquiry by a Holyrood committee.

Following its recent report on The Impact of Brexit on Devolution, the Constitution, Europe, External Affairs & Culture Committee has begun work to engage businesses, civic society and the wider public on this fundamental constitutional issue.

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

The MSPs believe 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.

There are substantive differences between the views of the UK Government and the Scottish and Welsh Governments regarding future alignment with EU law. These differences raise vital constitutional questions, including the extent to which the UK can accommodate four different regulatory environments within a cohesive internal market. The new inquiry will seek answers to these questions.

To support its work, the committee has launched a call for views. It would especially welcome submissions, from all sectors in Scotland, on:

• how devolution is now working following the UK’s departure from the EU, including any experiences 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;
• whether there are sufficient safeguards to allow regulatory divergence across the four parts of the UK in areas where there are disagreements between governments;
• whether there are sufficient safeguards to ensure an open and transparent policy-making and legislative process in determining the post-EU exit regulatory environment;
• whether there is 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 commented: "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 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.