Rail against the Tory power grab

Brexit changes could stop Holyrood re-nationalising trains or banning fracking

THERESA May’s Brexit power grab could make it harder for Scotland to renationalise the railways or ban fracking, it emerged yesterday.

Rail franchises and fracking licences were both in a list of 111 EU powers the UK Government are planning to seize for Westminster, despite them falling in areas devolved to Holyrood.

The revelation came as the Scottish and Welsh First Ministers published proposals for changing the legislation that will take the UK out of the European Union.

Nicola Sturgeon and Carwyn Jones both believe the current Bill is a “power grab”.

They are locked in a bitter dispute with Downing Street over what should happen to powers in areas like fishing and farming which are not reserved to Westminster, but which are currently held in Brussels.

The proposal is for them to return to Westminster – although the UK Government say many will then be sent on to the devolved parliaments.

SNP ministers yesterday published the list of powers which the UK Government have identified as “intersecting” with the devolution settlements.

As expected, these included areas like farm support, fisheries, genetically modified crops, environmental regulations and co-operation against crime.

But the UK Government also said fracking licences and rail franchising rules are affected.

Current EU laws ensure fracking doesn’t contaminate the water, pollute the air or use unsafe chemicals, as well as other protections.

EU law has also repeatedly been cited as a roadblock to renationalising the railways because they guarantee private companies access to publiclyowned infrastructure.

SNP Transport Minister Humza Yousaf last night demanded clarity over what the UK Government are planning.

He said: “The SNP Government fought long and hard for many years – in the face of resistance from successive Labour and Tory transport secretaries – to secure the powers to allow a public-sector bid for Scotland’s rail franchise.

“Any suggestion that these powers could now be getting diluted in some way is deeply concerning.

“The Tories need to provide urgent clarity on why they think they require powers over rail franchising and what for.”

Sturgeon and Jones said their changes to the legislation would allow the Bill to “work with, not against, devolution”.

Setting out their 38 proposed amendments, they wrote: “We hope they will be received in the way they are intended – as a constructive contribution by the devolved administrations, which would enable progress to be made among the governments in a way which respects the hard-won devolution settlements of the UK.”

Deputy First Minister John Swinney and Scottish Brexit Minister Mike Russell are heading to London next week to meet First Secretary of State Damian Green.

Green said he expected that progress could be made but echoed a warning from Scottish Secretary David Mundell that protecting the UK’s internal markets should be the priority.

He said: “The UK Government will do nothing that risks undermining the benefits of the UK.”