SNP ministers discuss Tory talks after MPs vote through Brexit Bill

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TOM GORDON

was prepared to bring forward its own bill to protect devolved laws from “the shock of Brexit”.

He said: “If the UK Government is not prepared to make the appropriate amendments, this Government will consider, as the Welsh Government is also considering, the options available for rapid legislation in this parliament to allow us to prepare devolved laws for the shock of Brexit. That route is not our first choice however. There is a better way.”

Mr Russell was speaking after the Scottish Government issued its formal verdict on the Withdrawal Bill, which said it was so flawed ministers could not recommend its approval by MSPs.

In particular, Clause 11 says all powers currently exercised in Brussels will be repatriated to Westminster at Brexit, even those in devolved areas, such as agriculture and fishing.

Westminster would then decide which were forwarded to the devolved legislatures, and could change laws in devolved areas unilaterally, without even informing Holyrood.

Mr Russell said this ran counter to a founding principle of devolution – that powers not explicitly reserved to Westminster are devolved by default.

He told MSPs: “The EU (Withdrawal) Bill appears to represent a deliberate decision by the UK Government to use the process of Brexit as cover for taking powers in areas of policy, which are clearly within the responsibility of this Parliament.

“It is not a logical, or essential, part of any Withdrawal Bill that new limitations are placed on the Scottish Parliament’s powers, on the National Assembly for Wales’s powers, or on the powers of the Northern Ireland Assembly. But that is what the bill does. The only appropriate way to divide powers between the governments is this: powers in relation to policy areas which are devolved must be for devolved ministers and devolved legislatures.”

The Government would therefore not table a legislative consent motion (LCM) for a vote by MSPs – procedurally the same as withholding consent – unless the Bill was overhauled.

The Scottish and Welsh governments are now working on joint amendments which would see more powers repatriated directly to Edinburgh and Cardiff.

If the bill is changed to their satisfaction, the devolved governments will support its approval in their legislatures.

If not, the governments will withhold approval, plunging the UK into a crisis in the New Year.

Scottish Tory deputy Jackson Carlaw welcomed the reduction in “hyperbole” from Mr Russell, noting he had not, for once, used the term “Westminster power grab”.

Scottish Secretary David Mundell said: “The sooner we can press ahead with detailed talks the better. We want to discuss the Scottish Government’s views on this.”

Chief Constable Phil Gormley is on leave.