Stephen Tierney's blog
Prof Stephen Tierney and Dr Alexandra Remond
Read the full briefing - The Repatriation of Competencies after Brexit: Justice and Home Affairs >>
The Northern Ireland (Executive Formation and Exercise of Functions) Bill, which arrives in the House of Lords today, is set to be enacted by way of fast-track legislative procedure this week. The Bill intends to facilitate the formation of an Executive in Northern Ireland while providing for the exercise of executive functions by civil servants in the interim. In effect, the Bill suspends the statutory duty on the Secretary of State to call a Northern Ireland Assembly election.
At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.
This post asks: what, if any, impact is a hung Parliament likely to have upon the relatively new House of Commons procedure known as ‘English Votes for English laws (EVEL)’? Will a minority Conservative Government, propped up by the DUP, find its England-only legislative plans disrupted? And what of England’s constitutional position more broadly?