Sewell Agreement

2. In practice, there may be discrepancies between the UK Government and one or more of the devolved administrations on „cases where it is practically useful to adopt provisions for the whole of the United Kingdom.“ And devolved administrations could no longer be dismal in the statement that „the UK will not normally use these powers to change legislation in decentralised areas without the agreement of the competent devolved administrations.“ Approval is only required for certain clauses of the withdrawal agreement. B, for example, for provisions that give decentralized ministers the power to implement the agreement or to create new bodies in which AEDs would play a role. However, in principle, the objections of the devolved administrations relate to the withdrawal agreement itself. 14. The British Parliament retains the power to pass legislation on all issues, whether decentralised or not. At the end of the day, it is up to Parliament to decide the usefulness of that power. However, the UK Government will act in accordance with the agreement that the British Parliament would normally adopt on deral decentralised issues only with the agreement of the deified legislator. The devolved administrations are responsible for seeking, according to a British government approach, an agreement that may be necessary for this purpose. International negotiations and agreements are matters exclusively reserved for the UK government, as the Brexit secretary has pointed out in letters to his Scottish and Welsh counterparts. The UK government also expressed its view that „the decentralisation agreements did not provide for devolved administrations to be able to thwart the exercise of the reserved powers of the British government.“ From a legal point of view, the British government may be right, but politically it will be difficult to refute the inevitable assertions that Westminster simply neglects the clearly expressed views of deposed nations. 3. However, it would be disproportionate and unrealistic for any decentralized administration to have a veto over the signing or ratification of a trade agreement or on the implementation of elements of a trade agreement under decentralized jurisdiction.

However, it would not be disproportionate to put in place a formal mechanism to resolve disputes or to propose compromise solutions if the UK government and one or more of the devolved administrations have so far evaded agreement on issues related to the impact of a potential trade agreement on decentralised powers. I would tentatively propose, as a formal mechanism, a mediation body composed of members of the House of Commons, the House of Lords and one or more de-elected parliaments. The mediation body could set up the services of specialized economic mediators. The conciliation body would examine the impasses reached, examine the positions of the British government and all relevant devolved administrations and attempt to find a practical solution.