Inside the argument between governments

What is this row between the Scottish and UK governments all about?

Brexit means powers that have been exercised by Brussels returning to the UK. The dispute is about what should happen to them next. The Scotland Act explicitly stated anything not specifically reserved to Westminster is devolved. As such, the Scottish Government insists all these powers should come to it, hence the claim from SNP ministers that the EU Withdrawal Bill is a “power grab”. The UK Government argues it needs to hold some powers, on a temporary basis, to allow common UK arrangements to be set up in areas such as fishing and farming. What is legislative consent and why does it matter anyway?

Devolved administrations must give consent for Westminster to legislate in areas they would normally do so. As the EU Withdrawal Bill covers areas which are devolved, the parliaments in Edinburgh and Cardiff are required to vote on this. However even if Holyrood votes to refuse consent, Westminster can still introduce the legislation anyway.

How can it be the case Westminster can introduce legislation against the will of the Scottish Parliament?

The Sewel Convention states Westminster “would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament”. But, when campaigner Gina Miller challenged the government over the triggering of Article 50 in the UK Supreme Court, it concluded this was not a rule which could be enforced.

Has Westminster ever pushed through legislation against Holyrood’s wishes before?

No. When the UK Government was taking welfare reforms through Parliament, MSPS withheld consent for part of this legislation.

On that occasion the UK Government responded by removing those parts of the Bill.