Law Assignment Sample 2

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Introduction of Sewel Convention

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The Sewel convention was proposed by Lord Sewel in 1998. According to this convention, it has been recognized that the parliament of the UK, without seeking consent of Scottish parliament, will not legislate normally in retardancies of devolved matters. The convention was included in the “Scotland Act” in 2016 and in the “Wales Act” in 2017.

Devolution of the policy areas by the UK legislation all over the country has been introduced. The UK has been following the convention since 1999^[1]. From this convention it has been made clear by the parliament regarding the consent needed by the UK parliament from the Welsh, Northern Ireland and Scottish parliament to legislate devolved matters. As the convention is applied, the area of competence has been devolved in regredience of law in the UK. The legislative competence has been altered due to the devolved legislature. Also, the executive competence has been altered for the devolved ministers or the departments. The parliament sovereign greets to the UK parliament that can legally price with the WAB. This can be done by the government regardless of the fact if the government is willing to leave the EU at the end of the month. The constitutional legislation in the history of the UK has been expressed with the objection regarding the three within the four parts of the constituent parts. The Sewel convention as per the rules, set by the UK parliament, will “not normally” legislate on devolved matters^[2]. The UK laws included the concept of withholding any laws passed without the consent of the devolved administrations with the due consent of the legislature of the countries.

Sewel Convention practices

When the government of the UK plans to introduce only a bill with any provisions which specifically fall in the scope of the Sewel convention. Earlier in this process of introduction, the consultation from the ministries of Wales, Scotland and Northern Ireland must be taken into account. After the bill has been introduced, all the devolved administrations are required to publish the “legislative consent memorandum”. In this constant memorandum, the standing orders in devolved legislatures are given. Also, before this bill in the UK parliament reaches the final stage of amendment, a vote for consent motion regarding the consent or the withholding of the bill is ensured. In this stage of obtaining consent, the parliament of the UK has the right to decide whether the concerns of the amended bill should meet the devolved governments.

This has been a legal burden for the Scottish and Northern Ireland as well as the Welsh. The government has been cordially refusing the consent of the “Withdrawal Agreement Bill (WAB)”^[3]. The constitutional legislation of the UK has fasceed objections regarding the Sewel Convention. The four legistaures in the UK were broken by Brexit. All the legislation of the devolved countries has been facing political backlash due to the convention. As per the experts, the convention has been working as per the expectations as long as Brexit was brought into account. Legislative consent was sought almost 350 times regarding this issue. All the devolved legislatures were concerned about the threat that is involved for withholding the consent. This consent further allows the devolved administration to concession extraction. The UK government took a major unilateral decision regarding Brexit, as per the acquisition of the devolved administration. As the UK government sought an EU referendum in 2016, the trust issues within the governments have been hampered. All the governments including then Welsh, Scottish signed against the consent in the withdrawal of the “EU withdrawal Act 2018”^[4]. The dispute has been prevailing in relation to the convention, although the Welsh government has provided its consent regarding the matter. Although the support of the Welsh government was owned by the UK government , the Scottish Parliament refused to proceed. Reverentially the Scottish Government proceeded to organize Sewel Strike^[5]. The main reason behind this act was the refusal of consent regarding any issues besides the Brixit related bills.

The Scottish government united with Northern Ireland claimed that a s the government of UK decided for the elimination of Britain, the convention was “effectively suspended”.

The internal negotiations have been held regarding the matters raised by the Uk government for the convention. Thesis statement for the exclusive reservation of rights has been raised by the secretaries of the Welsh as well as the Scottish government.

The political fallout in the UK has been one of the major tasks by the government^[6]. Due to a breach in the Sewel convention by the UK government, the trust between the countries has been observed to be lacking. A systematic engagement in the DAs in the next phase of the negotiation of Brixt is an important move by the government of UK. The Scottish Government was locked out of the trades as well as the deal discussions, as it did not give its consent in prevailing. According to the reports, the Scottish and the Welsh governments have presented several proposals regarding the reform in the Sewel Convention. The monopolistic decisions taken by the government of UK has been the main reason for the dispute regarding the Sewel Convention.

Although the convention assured any decision regarding the legislature and its amendment would be taken by seeking the consent of the devolved government, the UK government failed to do so. This is the reason why the UK government is facing international controversy.

The inclusion in the Sewel Convention includes the most recent reforms set out \with the Scottish and the Welsh government. It has been observed that the proposed changes in the legislative consent memorandum have been ignored by the UK government^[7]. The relevant parliamentary committees refused to add the changes that had been proposed by the UK government in accordance with the issue created by the legislative body of the UK. According to the parliament of the devolved countries, the consent of the countries has been withdrawn in view of the limitation in the convention. Further the limitation within the convention had no legal effect which made the governments more vulnerable.

Approaches Taken

The new approach regarding the convention as proposed by the devolved administration included that the matters of the legislation that create power beyond the legislative limits would be suspended. The practical sense of the regulations must be consulted by the representatives of the respective countries. In case of disagreement in the convention, all the countries would have similar rights as the UK to eliminate the practice. The issues related to the circumstance of related trade impact on the government and the devolved powers must be compromised. In the practical solution, the relevant administration must seek a broker. This will provide the administration the eventual power to have detailed knowledge of the situation and follow the lawful activities accordingly.

Case Study

The case of “Public Service and Private Hospitality:A Case Study in Federal Conflict-of-Interest Reform 1992” relates to the case where the public consent regarding the workflow has been ignored. The administration has been reflecting the increasing reliance on the internal controls. The external controlling factors have been ignored^[8]. The result regarding the concerned case has been a topic of controversy over the years. As the public services collaborated with the private sector seeking the hospitality services, a deal was made between the parties. The proposed deal offered that the decisions regarding any important factor within the organization will be taken by the consent of the private sector. Any legalistic rules or issues related to publ;ic trust must be the topic of discussion between the parties. Also, if the consent is withheld, the proposal will be re-examined and re Witten. As per the case it has been found that the public administration has violated the deal as it did not seek the consent of the private party for taking decisions regarding the amendment in the service providing rules and regulations. Similarly, in this case the UK government did not seek the coincidence of Wellish, Northern Ireland as well as the Scottish administration for the change in the convention. In both cases, it resulted in controversy and dispute. This has also resulted in the compromise in the food trust within the countries. As per the case study, the private administration has been deprived of the concise where in the case of the Sewel Convention the countries were deprived. The lack of trust resulted in lower transport and trade relations within the countries. As the controversy became an international topic of discussion, the image of the UK regarding the convention has been observed to be escalated. The withdrawal of the consent by the Scottish government in continuing the Convention with the UK shows the increased tension between the countries. As per the experts, the reform in the convention as proposed by the countries must be followed by the government of UK. This will possibly lower the chance of further conflict and resolve the matter of international trade and other communication related issues. In order to decrease the negative impact created, the UK must develop a clear convention with more clarity and lawful actions.

References

Ac. legislative consent memorandum (2019) <https://orca.cardiff.ac.uk/128264/1/Evans+Sewel+28_09_19+(AE+edits1).docx.doc.pdf> (Accessed on 8^th august 2022)

Ac. Sewel Convension by UK government (2019) <http://eprints.lse.ac.uk/108056/1/dit_com_2019_01_25_is_it_time_to_reform_the_sewel.pdf> (Accessed on 8^th august 2022)

Onlinelibrary. Wales Act (2019).<https://onlinelibrary.wiley.com/doi/pdf/10.1111/wej.12539> (Accessed on 8^th august 2022)

Org.Sewel Convention controversy. (2018)<https://consoc.org.uk/wp-content/uploads/2018/04/Gordon-Anthony-Devolution-Brexit-and-the-Sewel-Convention-1.pdf>(Accessed on 8^th august 2022)

repository. EU withdrawal Act 2018 (2019) <https://www.repository.cam.ac.uk/bitstream/handle/1810/287906/Withdrawal%20Bill%20article%20%5BSSRN%5D.pdf?sequence=1>(Accessed on 8^th august 2022)

Researchgate. Withdrawal Agreement Bill. (2020) <https://www.researchgate.net/profile/Dagmar-Schiek-2/publication/350600101_Brexit_and_the_Implementation_of_the_Withdrawal_Agreement/links/62456f2021077329f2e41ea0/Brexit-and-the-Implementation-of-the-Withdrawal-Agreement.pdf>(Accessed on 8^th august 2022)

strath.Sewel Strike (2018) <https://strathprints.strath.ac.uk/62791/1/McHarg_2018_Constitutional_change_and_territorial_consent_the_miller_case_and_the_sewel_convention.pdf>(Accessed on 8^th august 2022)

Student. Public Service and Private Hospitality: A Case Study in Federal Conflict-of-Interest Reform 1992. (2018)<https://lup.lub.lu.se/student-papers/record/9013561/file/9013562.pdf>(Accessed on 8^th august 2022)

^[1]Onlinelibrary. Wales Act (2019).<https://onlinelibrary.wiley.com/doi/pdf/10.1111/wej.12539> (Accessed on 8^th august 2022)

^[2]Ac. legislative consent memorandum (2019) <https://orca.cardiff.ac.uk/128264/1/Evans+Sewel+28_09_19+(AE+edits1).docx.doc.pdf> (Accessed on 8^th august 2022)

^[3]Researchgate. Withdrawal Agreement Bill. (2020) <https://www.researchgate.net/profile/Dagmar-Schiek-2/publication/350600101_Brexit_and_the_Implementation_of_the_Withdrawal_Agreement/links/62456f2021077329f2e41ea0/Brexit-and-the-Implementation-of-the-Withdrawal-Agreement.pdf>(Accessed on 8^th august 2022)

^[4]repository. EU withdrawal Act 2018 (2019) <https://www.repository.cam.ac.uk/bitstream/handle/1810/287906/Withdrawal%20Bill%20article%20%5BSSRN%5D.pdf?sequence=1>(Accessed on 8^th august 2022)

^[5]strath.Sewel Strike (2018) <https://strathprints.strath.ac.uk/62791/1/McHarg_2018_Constitutional_change_and_territorial_consent_the_miller_case_and_the_sewel_convention.pdf>(Accessed on 8^th august 2022)

^[6]Org.Sewel Convention controversy. (2018)<https://consoc.org.uk/wp-content/uploads/2018/04/Gordon-Anthony-Devolution-Brexit-and-the-Sewel-Convention-1.pdf>(Accessed on 8^th august 2022)

^[7].ac. Sewel Convension by UK government (2019) <http://eprints.lse.ac.uk/108056/1/dit_com_2019_01_25_is_it_time_to_reform_the_sewel.pdf> (Accessed on 8^th august 2022)

^[8]Student. Public Service and Private Hospitality: A Case Study in Federal Conflict-of-Interest Reform 1992. (2018)<https://lup.lub.lu.se/student-papers/record/9013561/file/9013562.pdf>(Accessed on 8^th august 2022)