NATS BACKED OVER ‘POWER GRAB’
SCOTLAND’s top law officer yesterday insisted that if the SNP’s Brexit Bill is “unlawful” then so is Westminster’s.
Lord Advocate James Wolffe’s claim came the day after Holyrood Presiding Officer Ken Macintosh said he couldn’t endorse the Scottish Government’s legal plan to head off a “power grab” when Britain quits Europe.
The “continuity bill” aims to protect devolved powers and plug loopholes left by Theresa May’s EU Withmake drawal legislation. Macintosh’s view is at odds with legal opinion from the Scottish and Welsh governments and the Welsh Assembly’s presiding officer.
The clash of opinion centres on whether, ironically, the plan is compatible with EU law.
Yesterday, Wolffe made a rare statement on the constitutional crisis to MSPs.
He said: “It is not incompatible with EU law to provision to deal with the inevitable consequences in domestic law of withdrawal from the EU in this way.
“Indeed that appears to be the basis upon which the UK Government’s own EU Withdrawal Bill, upon which this Bill has been modelled, proceeds.
“If that is right and if – contrary to the view of the Scottish Government – this Bill is incompatible with EU law, then the same reasoning would apply equally to the UK Government’s Bill.”
He defended the plan under questioning from opposition party MSPs.
Wolffe, who is technically a Government minister, added: “The Government are and remain satisfied that this Bill is within the legislative competence of the parliament.”
Tory MSP Adam Tomkins said the Presiding Officer’s view is “correct”.
Labour’s Neil Findlay said: “We want to see a workable and competent Bill presented and will work with others for a solution to this situation.”