PLSS: Legislative Consent After Brexit

20 March 2025

In this edition of the Public Law Seminar Series, Dr Christopher McCorkindale (University of Strathclyde) and Professor Aileen McHarg (Durham University) presented on their cutting-edge analysis of the Sewel Convention – the convention that the UK Parliament will not normally legislate in devolved areas without the consent of the relevant devolved legislature(s).

In the seminar, Dr McCorkindale and Professor McHarg shared preliminary findings from their empirical study on legislative consent practices post-Brexit. Based on interviews with current and former officials involved in the consent process, they found that Brexit has driven changes in the operation of the Sewel Convention, including an increase in instances where consent is withheld by the devolved bodies and the consent decision is overridden by the UK Parliament. However, the speakers also presented three caveats to their findings: (1) there is some evidence of continuity both pre- and post-Brexit, (2) other factors unconnected to Brexit have also contributed to the change in the legislative consent process, and (3) the impact of Brexit has not been entirely negative.

Following the speakers’ presentation, commentators Professor Rick Rawlings (UCL) and Akash Paun (Institute for Government) offered their remarks, leading into further discussions and a question-and-answer session with participants at the seminar. The event was chaired by Professor Erin Delaney (UCL).

Watch a video recording of the seminar on UCL Laws’ YouTube channel, or view it directly below.