Brexit ‘could stall’ if MSPs refuse to back crucial Bill
BREXIT may be unable to go ahead if Holyrood does not approve key legislation proposed by Theresa May, a senior Scottish Tory has warned.
Adam Tomkins, constitution spokesman for the Scottish Conservatives, said the Repeal Bill must be passed to allow Britain’s exit from the EU to proceed – and there is a ‘political requirement’ that MSPs give consent first.
His comments come days after it emerged that changes to Clause 11 of the EU Withdrawal Bill, which deals with devolution, will be delayed until the legislation enters the House of Lords because the UK
‘Stakes are really high’
Government missed a deadline for amendments.
Nicola Sturgeon yesterday insisted she still will not recommend that MSPs approve it.
Although Mr Tomkins said he thinks the issue can be resolved, he added: ‘If it comes to that, then as the [SNP Brexit] minister correctly said, the House of Lords would have to decide whether it wants to press ahead with this bill or not.
‘Legislative consent is not a legal requirement for this legislation to be enacted by Westminster but it probably is a political requirement and the political price of enacting legislation without consent might be quite significant. But I don’t think it is going to come to that.
‘If this legislation falls it is going to be very difficult to deliver Brexit at all, so the stakes are really high.’
He said the EU Withdrawal Bill is needed ‘to make sense of the statute book after exit day’.
However, he said the ‘easy solution’ is an agreement on what common frameworks are needed after Brexit. He added: ‘Brexit can’t happen until this legislation is passed, or an equivalent of this legislation is passed. This legislation is needed to in order to deliver a legally secure Brexit.
‘It doesn’t have to happen as a matter of law but it is a constitutional principle that the UK parliament will not legislate on matters that fall within the scope of the devolved competence of the Scottish parliament without the Scottish parliament’s consent.’
Brexit Minister Michael Russell has indicated he will try to persuade peers to oppose the EU Withdrawal Bill because of Clause 11.
Regarding securing the consent of MSPs, he said: ‘To get to legislative consent, the UK Government have to amend the Bill.
‘They have to amend particularly Clause 11 and remove the difficulties that clause contains. There is no other way for this Bill to get legislative consent.’
Mr Russell added: ‘We have been promised it and it hasn’t happened. The point is conceded, they just haven’t produced the amendment.’