Holyrood prepares for possible Brexit Bill veto

MSPs get ready in case UK Bill is rejected by them

Scottish legislation could be introduced next month to prepare for Holyrood refusing to grant consent for the EU Withdrawal Bill.

The Scottish Government said its proposed EU Continuity Bill could be introduced in February if necessary to ensure Scottish law is prepared for Brexit.

The announcement follows the revelation that the UK Government does not plan to amend its EU Withdrawal Bill to take account of the concerns of devolved administrations when it comes before Westminster next week.

The Scottish and Welsh Governments have said they cannot recommend that the UK legislation be granted consent in its current form, which would see EU responsibilities in devolved areas initially transferred to Westminster.

The UK Government says this will allow frameworks to be created ahead of further devolution – but it has been branded a “power grab” by the first ministers of Scotland and Wales.

The stance is supported by Holyrood’s cross-party Finance and Constitution Committee, which has described the UK Bill as “incompatible with the devolution settlement in Scotland”.

The Scottish Government said it had a duty to plan for the Scottish Parliament deciding not to give the UK Bill legislative consent if changes are not forthcoming.

In a joint letter to Holyrood’s presiding officer Ken Macintosh, Brexit minister Mike Russell and parliamentary business minister and Dundee MSP Joe FitzPatrick said: “The Scottish Government’s preference is to work collaboratively with the UK Government on the legislative consequences of EU withdrawal, including through the EU (Withdrawal) Bill.

“Discussions continue on the potential for amendments to be made, but as things stand we need to prepare responsibly for the possibility of consent being withheld.”

It continued: “The purpose of introducing the Bill is to ensure Scotland’s laws can be prepared for the effects of EU withdrawal, even if it does not prove possible to rely on the UK Bill.

“It does not mean that we have definitely resolved to reject the EU (Withdrawal) Bill.

“But unless and until the necessary changes to the Bill are made, the Scottish Government must provide for an alternative.”

Pictures: Steve MacDougall/Andrew Cowan. Mike Russell, left, and Joe FitzPatrick have written to Holyrood’s presiding officer explaining the position over Brexit Bill disagreements with the UK Parliament.