Sewel Agreement: What It Is and Why It Matters
The Sewel Agreement, also known as the Legislative Consent Motion (LCM), is a legal mechanism that allows the UK Parliament to pass laws that affect devolved powers in Scotland, Wales, and Northern Ireland. It is named after Lord Sewel, the Labour peer who introduced the concept in 1998 as part of the process of devolution in the UK.
The Sewel Agreement was incorporated into the Scotland Act 1998 and the Government of Wales Act 2006. It sets out a procedure for the UK Parliament to seek the consent of the Scottish Parliament, the National Assembly for Wales, and the Northern Ireland Assembly before passing laws that relate to matters that are devolved to these regions.
The purpose of the Sewel Agreement is to ensure that the UK Parliament respects the devolution settlement and gives due consideration to the views of the devolved administrations. It is a crucial part of the UK`s constitutional arrangements, which seek to balance the powers of central government with those of the devolved nations.
The Sewel Agreement has been invoked on several occasions since its introduction. One notable example is the passage of the Scotland Act 2016, which devolved new powers to the Scottish Parliament. The UK Parliament sought and obtained the consent of the Scottish Parliament through an LCM process.
The Sewel Agreement has also been the subject of controversy in recent years. In 2017, the UK Government passed the European Union (Withdrawal) Act 2018, which sought to transfer EU law into UK law after Brexit. The Scottish Parliament refused to give its consent to the Act, arguing that it would undermine the devolution settlement by allowing the UK Government to dictate policy areas that were previously devolved.
The Supreme Court of the UK subsequently ruled that the Sewel Agreement did not have the force of law, and that the UK Parliament could legislate on devolved matters without the consent of the devolved administrations. However, the court also ruled that the Sewel Agreement was an important constitutional convention that should be respected in practice.
In conclusion, the Sewel Agreement is a crucial part of the UK`s devolution settlement. It ensures that the UK Parliament respects the views of the devolved administrations and seeks their consent before passing laws that affect devolved matters. While the Sewel Agreement may not have the force of law, it is an important constitutional convention that should be upheld in practice. Its future will be closely watched as the UK continues to navigate the complex challenges of Brexit and its aftermath.