This House of Lords Library Briefing has been prepared in advance of the debate due to take place on 17 January 2019 in the House of Lords on the motion moved by Lord Lisvane (Crossbench), “that this House takes note of the possible effects of Brexit on the stability of the Union between the parts of the United Kingdom".
Leaving the EU: Stability of the UK's Union (300 KB , PDF)
Concerns have been raised about the stability of the union since the 2014 Scottish independence referendum and the 2016 referendum on continued membership of the EU. In particular, the UK’s decision to leave the EU has given rise to constitutional questions about the future of relations between the UK’s devolved nations and the centre. These include how powers that currently reside at EU level will be exercised domestically after the UK’s withdrawal, and what mechanisms may be in place for inter-governmental communication and cooperation in the future. In addition, the asymmetric nature of the Northern Ireland backstop provisions in the UK-EU withdrawal agreement has potential implications for the union. Northern Irish unionists have argued that it threatens Northern Ireland’s place in the UK’s union. The Scottish Government has expressed dissatisfaction that the UK Government has not provided for Scotland to maintain a close relationship with the EU’s single market and customs union following the UK’s withdrawal from the EU, despite particular arrangements for Northern Ireland being contemplated under the backstop. Meanwhile, others have expressed concern that different arrangements for Northern Ireland could fuel support for Scottish independence.
Mechanisms proposed to address issues in the UK’s constitutional arrangements have included holding a constitutional convention to help build a consensus on a way forward, and a new Act of Union that could stabilise the framework in which the UK’s constituent parts could pool sovereignty.
This briefing provides background information on the union, before briefly examining issues that have arisen in debates on unionism since the 2016 EU referendum. It then provides an overview of recent proposals to stabilise the union, including a private member’s bill introduced by Lord Lisvane in October 2018 that is currently awaiting second reading. The briefing concludes with a selection of recommended further reading on the complex and multi-faceted issue of the future of the union in the context of the UK’s forthcoming withdrawal from the EU.
Leaving the EU: Stability of the UK's Union (300 KB , PDF)
The motion “that this bill do now pass” is moved immediately after a bill’s final stage in the House of Lords (known as third reading). It is amendable and so provides an opportunity for the House to oppose, delay or record a view on a measure if there is enough support. This briefing provides examples of amendments to the motion and what the outcome was each time.
In January 2025 the House of Lords Constitution Committee published a report on the responsibility of the government (the executive) to oversee the constitution. It concluded that the UK’s constitutional arrangements would benefit from several improved safeguards, such as the appointment of a senior minister to advise on constitutional matters and for advisory bodies to be put on a statutory footing.
National policy statements (NPSs) inform decision-making for nationally significant infrastructure projects. The current NPS for nuclear power generation (EN-6) has effect for listed nuclear projects capable of being deployed by the end of 2025. Both the current and previous governments have consulted on a new NPS (EN-7) that would apply to nuclear power stations expected to be deployed after 2025. This briefing gives an overview of NPSs, the proposed new NPS for nuclear power generation and the reaction to it, as well as the current government’s policy on nuclear energy.
