No Scottish veto

Once again commentators have incorrectly highlighted the potential for Holyrood to veto the Great Repeal Bill and therefore Brexit.

The issue has arisen once more because there is discussion again over the prospect that the Brexit Bill might require an accompanying Legislative Consent Motion (LCM) at Holyrood. That is because departing from the European Union impinges upon powers – such as justice and agriculture – which are devolved to Edinburgh.

However, an LCM does not amount to a veto, and the Scottish Government, contrary to misconceptions, has never at any point claimed it had a potential veto over Brexit.

The LCM builds upon the original Sewel Convention, which is just that, a convention with no statutory force. This was reinforced in January by the decision of the UK Supreme Court when it ruled on the procedures required in order to trigger Article 50, the formal notice that the UK intended to leave the EU.

Westminster is and remains sovereign and MPS can legislate as they choose, including in devolved areas. That was made plain when the Scottish Parliament was established and remains relevant today.

However, the UK government, particularly in its current weakened state, will not want to roll over the devolved administrations. It could legally, but it will not want to politically, and there is clearly a deal that will require to be done here.

The Scottish Government will be more inclined to consent to the Bill if it is granted a real role in the Brexit negotiations themselves, with a place in the UK negotiating team, perhaps with a seat at the top table when devolved matters are being discussed with the European Commission.

The ball is well and truly in the UK government’s court, but given its current weakened position it would be perilous to ignore the desires of the devolved administrations.

ALEX ORR Leamington Terrace, Edinburgh