Political battle due over Bill to transfer EU laws

WHITEHALL is bracing itself for a potential constitutional battle with Holyrood over the forthcoming Great Repeal Bill, which will transfer all European law into UK regulation, as part of the Brexit process.

The new legislation, announced in October, and which will be included in the Queen’s Speech in May, will end the EU’s legal supremacy in the UK by converting all EU requirements into British law as soon as Brexit takes place.

The legislation will end the jurisdiction of the European Court of Justice in the UK.

As EU laws are debated by MPs and peers, it is likely there will be a large number of requests for changes depending on how the negotiations play out.

Michael Russell, the Scottish Government’s minister engaged in the talks with the UK Government over Brexit, has already suggested Holyrood could vote against the bill.

The legislation transposing all EU law applying to the UK into domestic law could implement a range of provisions that are within the competence of the Scottish Parliament such as agriculture and thus require the consent of the Scottish Parliament.

This process could involve the requirement of a number of legislative consent motions.

“But this opens up the possibility that MSPs could withhold consent if they disagreed with any proposed changes.

One senior Whitehall source noted: “This could become very complicated and there could be a clash with Holyrood.”