WE’LL SEE YOU IN THE SUPREME COURT
Judges could be asked to rule on row if Holyrood and Westminster fail to agree on powers after leaving the EU
THE battle between the Scottish and UK governments over devolved Brexit powers will head for the Supreme Court, the SNP’s Westminster leader warned yesterday.
It came as the latest talks over the so-called “power grab” failed to make a breakthrough.
Ian Blackford said the issue would now move from political to legal debate.
The SNP Westminster leader said: “It’s wholly regrettable that we are now in a situation where, in effect, the two governments are going to have to seek to resolve this through the Supreme Court.
“It’s absolutely unprecedented. It will be up to the court to try to navigate their way through this if the Governments can’t reach agreement.
“The fact the UK Government are prepared in effect to ignore what is there in statute from the 1998 Scotland Act is scandalous.”
Holyrood’s Brexit Minister Michael Russell was in London for another round of talks with Westminster on where control over some policy areas should rest after Britain leaves the EU.
With no agreement, Russell was also clear that if MSPs do not give formal approval to key Brexit legislation in the next two weeks, Tory ministers should respect that.
He said a deal could still be reached to agree to the legislation but there was now only a “short time for further negotiation”.
He said: “Under the current UK Government proposal, we could see the powers of the Scottish Parliament changed without the consent of Parliament for the first time ever.
“The legislation would also give the UK Government the power to prevent the Scottish Parliament passing legislation in key areas such as farming, fishing and the environment for up to seven years.
“I have made it perfectly clear that the Bill must respect the existing devolution settlement. We continue to look for agreement between the governments but not at any price.”
Last night, the Tories’ Scottish Secretary David Mundell wrote to a Holyrood committee claiming the UK Government approach “fully respects the devolution settlements”.
With the Welsh government accepting a compromise deal, Mundell said he regretted that they had not yet reached a deal with the Scottish Government.
He added: “It would not be acceptable, or consistent with devolution, for an administration in one part of the UK to effectively have a veto on issues that affect the whole of the UK.
“I hope the Scottish Government may still reconsider their position so our governments can work together to provide legal certainty for the UK.”
It’s regrettable that we are now in this situation IAN BLACKFORD, SNP WESTMINSTER LEADER