Scots ministers threaten emergency law to thwart key UK Brexit bill

SNP ministers have threatened to rush emergency legislation through the Scottish Parliament if the UK Government fails to overhaul its main Brexit Bill.

Brexit Minister Michael Russell and parliamentary business minister Joe FitzPatrick warned Holyrood’s Presiding Officer of their intent after MSPs criticised the EU (Withdrawal) Bill. The move, which could end up in a UK Supreme Court battle, is intended to put pressure on the UK Government to amend the Bill to the SNP’s satisfaction in the coming weeks.

Holyrood’s cross-party finance and constitution committee this week said the Bill was “incompatible with the devolution settlement” in its current form and should be denied legislative consent.

In a letter to Holyrood Presiding Officer Ken Macintosh, the ministers said they wanted to work with the UK Government to amend the Bill successfully, but also had to prepare for failure and Holyrood withholding its consent, something that would trigger a constitutional crisis.

“To that end our officials are developing a Continuity Bill for Scotland,” they wrote.

Its purpose would be to “ensure that 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”.

They said they would seek an expedited timetable to pass the legislation quickly, with pre-introduction scrutiny later this month and formal introduction of the Bill in February.

The ministers stressed they had not definitely resolved to reject the EU (Withdrawal) Bill, now going through the Lords, but needed to have a contingency plan.

In theory, a Continuity Bill would freeze EU law in devolved areas on the date of Brexit and ensure laws in Scotland remained operable thereafter.

Such a Bill would be highly contentious legally, but could be useful as political leverage, pushing the UK Government into overhauling the EU (Withdrawal) Bill to the SNP’s liking.

A UK Government spokesman said: “We want the whole of the UK to come together in support of this legislation [the EU (Withdrawal) Bill], which is crucial to delivering the outcome of the referendum.”

The Bill would be highly contentious legally