Scottish Daily Mail

There’s no power grab and no crisis, insists Lord Sewel

- By Rachel Watson Deputy Scottish Political Editor

ONE of the key architects of devolution yesterday dismissed Nicola Sturgeon’s claims of a Westminste­r ‘power grab’ after Brexit.

Lord Sewel intervened in the growing row between the UK and Scottish Government­s – revealing he backs Theresa May over amendments to the EU Withdrawal Bill.

He accused the SNP of attempting to ‘seek political advantage’ as he said the Prime Minister must have the right to move forward with the Brexit legislatio­n – even without Holyrood’s consent.

Under the Sewel convention, Westminste­r does not normally legislate on devolved matters without the approval of the Scottish parliament. However, after MSPs voted against consent for the EU Withdrawal Bill, the UK Government announced it would move ahead regardless – with Miss Sturgeon claiming the convention had been ‘ripped up’.

But Lord Sewel hit out at the First Minister’s claims, insisting the ‘size and scale’ of Brexit means Westminste­r must be able to act ‘on initiative’. He also said that the situation was ‘not a constituti­onal crisis’, suggesting that some were using the row for political reasons.

Lord Sewel added: ‘There is that “not normally” phrase in the convention which does, I think, clearly recognise the possibilit­y that something quite out of the ordinary would hap- pen, which would mean the UK Parliament would be required to legislate on a devolved matter even without the permission of the Scottish parliament.

‘I think we’re all pretty well agreed that Brexit and leaving the EU is a major constituti­onal adjustment. We don’t live in normal times, in other words.

‘Both sides can have an argument on this. But I would fall back on the one that the size and the scale of the change that’s envisaged and being brought about because of Brexit does put it in a class of its own and requires the possibilit­y the UK Government would act on its own initiative, without necessaril­y the approval of the Scottish Government.’

Lord Sewel went on to say that he did not think the UK Government’s move could ‘fairly be described as a power grab’ as the Scotland Act states ‘quite explicitly that it doesn’t affect the power of the UK Parliament to make laws for Scotland’.

But Holyrood Brexit minister Mike Russell dismissed the comments made by Lord Sewel, saying: ‘What a surprise.’

A UK Government spokesman said: ‘The EU Withdrawal Bill is about ensuring the whole of the United Kingdom has a functionin­g statute book on exit day.

‘As Lord Sewel has confirmed, the UK Government is proceeding entirely in line with the devolution settlement.’

‘We don’t live in normal times’

IN THE end, the clue was in the name – the Sewel convention is not a legal straitjack­et with which Holyrood can restrict Westminste­r.

Joining the ranks of the many who had already pointed this out is Lord Sewel, the constituti­onal expert who lent his name to the system by which responsibi­lities between the two parliament­s are staked out. Under the convention, Westminste­r does not normally legislate on devolved issues without approval from Holyrood.

Nicola Sturgeon’s position is that by pressing on with the EU Withdrawal Bill, MPs are ‘ripping up’ the deal and preparing a power grab by taking post-Brexit powers from Brussels that ought to accrue to Holyrood.

Not so, says Lord Sewel, for these are not normal times. He says the sheer scale of Brexit means that Westminste­r must have its feet clear to act adroitly ‘on initiative’ as problems present.

It cannot be the case that the Holyrood tail can wag the Westminste­r dog on matters internatio­nal, which are outwith the Edinburgh parliament’s area of responsibi­lity. So why is the SNP so very agitated? Lord Sewel is clear that all this is not the constituti­onal crisis the SNP pretends and that the fuss is merely to seek political advantage.

This chimes precisely with what Jim Sillars, former deputy leader of the SNP, said at the weekend.

He accused Nicola Sturgeon of taking an unnecessar­ily combative stance, provoking confrontat­ion when sensible negotiatio­n could have produced fruit in terms of additional powers for Holyrood.

The SNP claims that devolution is being trampled by uncaring Conservati­ves, but the truth is the fundamenta­list wing of the SNP does not want devolution to succeed.

It wants independen­ce at any cost and sees mileage in pretending plucky Scotland is being ignored by big, bad Westminste­r.

Yet it cuts no ice with Scots, who see a party desperate to further its own ends by any means necessary when what would be better for Scotland would be support for the UK Government’s titanic struggle to secure the best possible deal from the EU.

The scale of that battle is underscore­d by yesterday’s Lords vote when, for the 16th time, a key piece of Government Brexit legislatio­n was rejected.

Here is the real constituti­onal crisis, as the Lords and Commons are locked in a power struggle.

Meanwhile, the Brexit clock ticks on while businesses on which millions of jobs and the entire economy depend want clarity, not political bickering.

 ??  ?? Not impressed: Scottish Secretary David Mundell
Not impressed: Scottish Secretary David Mundell

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