The Courier & Advertiser (Fife Edition)
Rejection of legislation could result in disarray
Pro-independence parties poised to deny consent for Repeal Bill
A constitutional crisis looms after a majority of MSPs warned they would reject a key piece of Brexit legislation.
Holyrood is poised to deny its consent for the Repeal Bill, which was published yesterday and must make it on to the statute books in some form if the UK is to leave the EU. Nicola Sturgeon revealed the SNP cannot support the Bill as it stands, a stance supported by the Scottish Greens.
The Repeal Bill – formally known as the European Union (Withdrawal) Bill – is designed to transpose EU law into British law so the same rules apply on the day of Brexit as the day before.
Together the pro-independence parties form a majority in the Scottish Parliament, which will have its chance to reject the Bill through a legislative consent motion.
Although the vote is not legally binding and could be ignored by Westminster, that scenario is unprecedented in Scotland and could leave the UK constitution in disarray.
In a joint statement with the Welsh First Minister Carwyn Jones, Ms Sturgeon described the Bill as a “naked power grab” from Holyrood and “an attack on the founding principles of devolution and could destabilise our economies”.
They said the Bill fails to return powers from the EU to devolved administrations “as promised”.
“It returns them solely to the UK Government and Parliament, and imposes new restrictions on the Scottish Parliament and National Assembly for Wales,” the statement said.
“On that basis, the Scottish and Welsh governments cannot recommend that legislative consent is given to the Bill as it currently stands.”
Ross Greer, for the Scottish Greens, followed suit, saying their MSPs would “not vote to give legislative consent to such a Bill when approval is sought by Westminster”.
He said the Tories are pursuing a “massive power grab that will allow ministers to change huge swathes of legislation without proper scrutiny or consent”.
Scottish Labour said they will not support the Repeal Bill unless there is a “clear presumption of devolution”. Leader Kezia Dugdale said: “Labour will seek a clear and binding commitment to repatriate powers in devolved areas to the Scottish Parliament. We will insist this must be done in a short, but achievable timeframe.”
The LCM process has seen Holyrood deny their consent previously over the Welfare Reform Bill, but the two parliaments were able to come to a compromise. The administrations on either side of the border have never previously failed to come to an agreement over an LCM. Several are likely to be required through Brexit.
Scottish Secretary David Mundell said if consent is not forthcoming, “there would have to be an explanation to people in Scotland as to why the SNP oppose the bringing into Scots law of European law and why they oppose the Scottish Parliament having additional powers and responsibilities”.
Earlier Ms Sturgeon met the EU’s chief negotiator, Michel Barnier, in Brussels in a 45-minute one-to-one. She said: “This was a useful and constructive meeting and I welcomed the opportunity to discuss Scotland’s priorities with Mr Barnier – in particular our view that the UK should seek to remain in the single market.”
The Scottish and Welsh governments cannot recommend that legislative consent is given to the Bill