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NEW REPORT: ‘Parliament and Brexit’

20 March 2020

The Brexit process may no longer dominate the news, but it remains far from over, and parliament will face further Brexit-related challenges. Today, the Unit launches ‘Parliament and Brexit’, a new joint report with the UK in a Changing Europe which explores these challenges.

Parliament and Brexit report

The Brexit processÌýmay no longer dominate the news, but itÌýremains far from over, and parliament will face further Brexit-related challenges during and beyond the transition period.ÌýToday, theÌýUnit launchesÌý‘Parliament and Brexit’,ÌýaÌýnew joint report withÌýtheÌýUK in a Changing Europe and the University of Leicester. The report analysesÌýparliament’s role in theÌýBrexitÌýprocess toÌýdate,ÌýandÌýasksÌýwhat changes may be needed to ensure that parliament is ready for phase two of the negotiationsÌýand beyond.ÌýÌý

While the nation and government are currently respondingÌýto the Coronavirus outbreak, this report holds important lessons about the past, and ideas for the future when parliament is able to resume its business fully.Ìý

Read the report

The Brexit processÌýbrought parliament right into the political spotlight;Ìýnever beforeÌýhas there been such great interest in its role in ourÌýconstitution.ÌýThe challenges and opportunities which have arisen thus far haveÌýtaught usÌýmany lessons about parliament’s somewhat contested position.Ìý

This report looks back on the Brexit period fromÌý2016Ìýonward,ÌýandÌýexamines what we’ve learnt from the processÌýso far. It also casts an eyeÌýahead, looking at parliament’s role in the transition period and beyond, andÌýanalysingÌýwhat thatÌýcouldÌýmean for its structures and ways of working.ÌýÌý

The 'Brexit and Parliament' report, published jointlyÌýwithÌýtheÌýUK in a Changing Europe and the University of Leicester, brings together leading academic and practitioner voicesÌýtoÌýprovide a thorough analysis ofÌýparliament’sÌýpast and future BrexitÌýrole. The sections of the reportÌýexploreÌýparliament’s role in the UK constitution,ÌýBrexit and the parliamentary parties, Brexit scrutiny so far,Ìýand both the topics and mechanisms for parliament’s future scrutiny work.ÌýÌý

Providing the first main chapter in the report, Unit Director and UK in a Changing Europe Senior Fellow Meg Russell emphasises parliament's unique and central role in the country's political system. Parliament found itself subject to mounting attacks in the wake of the EU referendum. Yet, her chapter points out, the real conflict was not between parliament and people, but between a Conservative government and its own backbenchers over how to interpret the 2016 referendum result. In a separate chapter, Unit researcher Lisa James reviews the passage of two key Brexit bills, demonstrating how the level of parliamentary scrutiny built into the next stages is much curtailed compared to what went before.

Other contributions to the report look forward to the transition period and beyond, identifying key challenges which lie ahead for parliament - including a wealth of primary and secondary legislation, the need for effective treaty scrutiny, and the challenge of resettling relationships with the devolved administrations. Several contributors have affiliations with the UK in a Changing Europe, as well as with their own institutions.

Chapters and contributors of the report:Ìý

  1. Introduction - Anand MenonÌý(UK in a Changing Europe, King's College London)

The role of parliament in the constitutionÌý

  1. Parliament, politics and anti-politics - Meg Russell (¹û¶³Ó°Ôº Constitution Unit)

  1. Parliament’s legal role - Catherine Barnard and Alison Young (University of Cambridge)

  1. What do the public think? - John Curtice (University of Strathclyde)

Brexit and the parliamentary partiesÌý

  1. The Conservative Party - Philip Lynch (University of Leicester)

  1. The Labour Party - Richard WhitakerÌý(University of Leicester)

  1. The SNP and Plaid Cymru - Louise ThompsonÌý(University of Manchester)

  1. The parties from Northern Ireland - Katy Hayward (Queen's University Belfast)

  1. Opposition cooperation then and now - Tim Bale (UK in a Changing Europe, King's College London)

Brexit scrutinyÌýso farÌý

  1. The Exiting the European Union Committee - Hilary Benn (MP for Leeds Central and chair of the committee)

  1. Key Brexit bills: the EUWB and the WAB compared - Lisa James (¹û¶³Ó°Ôº Constitution Unit)

  1. Procedural innovation - Daniel GoverÌý(Queen Mary University of London)

  1. The Speaker’s role - Jack Simson Caird (Bingham Centre on the Rule of Law)

Mechanisms for future scrutinyÌý

  1. Commons select committees - Alan Wager (UK in a Changing Europe, King's College London)

  1. New parliamentary structures - MaddyÌýThimontÌýJack and Hannah White (Institute for Government)

  1. Devolution and interparliamentary coordination - Jack Sheldon (University of Cambridge) and Hedydd Phylip (Cardiff University)

  1. The Sewel convention - Nicola McEwen (Centre on Constitutional Change, University of Edinburgh)

Topics for future scrutinyÌý

  1. Brexit legislation - Jill Rutter and Joe Owen (UK in a Changing Europe and Institute for Government)

  1. Delegated legislation - Brigid Fowler and Ruth Fox (Hansard Society)

  1. Regulatory alignment and divergence - Adam Cygan (University of Leicester)

  1. EU trade negotiations -ÌýEwaÌýZelazna (University of Leicester)

  1. Treaties beyond the EU - Jill BarrettÌý(Queen Mary University of London)Ìý

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