24th November 2022
A commenter over at Mastodon came up with this thought-provoking suggestion:
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You may recall our old friend Article 50:
This was the provision added to the European Union treaties in 2009 that enabled a member state to unilaterally and lawfully leave the European Union.
Before Article 50 was added, any member state that would have wanted to have left the European Union would either have had to have broken the treaties or negotiated an exit treaty.
(No member state did leave before 2009, though the departure of Greenland – part of the Kingdom of Denmark – from the European Economic Community in 1985 required a treaty.)
The new Article 50 ensured that any departure could be done lawfully and unilaterally.
(It was assumed by some that it would not actually be used.)
If a member state had wanted to leave then no other member state could then stop it.
The other member states, and the various European Union institutions, had no veto.
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What provisions do we have in the United Kingdom that approximate to Article 50?
For Northern Ireland we do have section 1 of the Northern Ireland Act 1998:
The decision to have such a poll, however, is a matter for the United Kingdom government:
So the people of Northern Ireland can elect for Northern Ireland to leave the Union, but only if the United Kingdom first consent to such a poll.
This is at least one step away from Northern Ireland having its own Article 50.
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For Scotland there is the possibility of a “Section 30 order” which would allow there to be an independence referendum, but – again – that order has to be given by the United Kingdom government.
But this is at least two steps away from Scotland having its own Article 50.
(And I am not any expert on Welsh devolution but a glance at the relevant legislation indicates that Wales may be three steps away, though I would welcome any comments on this.)
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If any of the constituent parts of the United Kingdom wished to (peacefully) leave the union there would, of course, have to be treaties and extensive legislation.
We know this, because it has already happened when Ireland left the United Kingdom.
Presumably a similar treaty and extensive legislation would be required if and when Scotland (or Wales) leaves the union.
There is nothing in place like Article 50 for Scotland or Wales or even Northern Ireland (or I suppose England) to activate unilaterally.
Should there be?
Discuss below.
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