Scots Tories urge Brexit compromise to ‘respect devolution’
●Withdrawal Bill has to be amended to prevent crisis over Union, says Tomkins
The Scottish Conservatives today call on the UK government to alter the Brexit Bill to avoid a constitutional crisis and to counter SNP claims of a power grab.
Writing in The Scotsman, Glasgow MSP Adam Tomkins warns the legislation must be delivered in a way that “respects” devolution and will have to be “amended” to satisfy the Scottish and Welsh governments.
With the UK and Scottish governments embroiled in a long-running row over how powers coming back from the European Union are distributed, Professor Tomkins calls for “movement on both sides to find a solution”.
The Scottish Government has warned that the EU Withdrawal Bill would not receive Holyrood support as it stands, because it would see EU powers passed to Whitehall before they are considered for devolution.
Failure of the Scottish Parliament to back the bill by passing a so-called Legislative Consent Motion (LCM) would trigger a crisis and prompt claims of Westminster ignoring the will of Holyrood. In his article, Prof Tomkins, the Scottish Conservatives’ constitution spokesman, suggests the legislation must recognise more powers coming to Scotland as well as recognising the need for clear UK frameworks in some aspects of law.
Mr Tomkins’s article is published as UK Brexit minister Robin Walker heads north to Holyrood to give evidence to MSPS on the finance committee during a session on legislative consent for the EU Withdrawal Bill. Mr Walker will be accompanied by Scottish Secretary David Mundell. Their UK government colleague, Cabinet Office minister Chris Skidmore, will appear before Holyrood’s delegated powers and law reform committee.
Prof Tomkins’s intervention can be seen as an attempt by Ruth Davidson’s Scottish Conservatives to position themselves as “honest brokers” in the efforts to break the impasse between the two administrations.
Nicola Sturgeon has published a list of 111 powers, including agricultural
responsibilities, rail franchises and fracking licences, that she believes are threatened by a Westminster power grab.
The 111 powers are those currently exercised at EU level, but which touch on Holyrood’s devolved areas.
Prof Tomkins writes: “Under the bill as introduced, all 111 [powers] would be held in Whitehall, at least to start with, with UK ministers releasing them to the devolved administrations over time. To the SNP that is a ‘power grab’.
“They want all 111 to be repatriated directly to Holyrood. We need to see movement on both sides to find a solution. Brexit must be delivered in a way that respects devolution.
“Yet, at the same time, it would plainly be contrary to the interests of the United Kingdom as a whole for the devolved administrations in Edinburgh or Cardiff to be able to use powers formerly held at the EU level to pull apart Britain’s three-centuries-old internal market.”
Professor Tomkins argues that the Scottish and Welsh governments have accepted the importance of maintaining the UK internal market and adds that all parties accept the need for common UK frameworks in law.
He says the UK government agrees that common frameworks cannot be imposed by the UK government and must have the agreement of devolved administrations.
“This, surely, is the basis on which consent for the Withdrawal Bill can be given by the devolved administration,” Prof Tomkins says.
“Looking at the substance of the 111 powers, many can safely be devolved without further 0 Professor Adam Tomkins calls for compromise on powers ado; why aviation noise, for example, would need to come under a Uk-wide framework I do not know. But there are some – a small number in important policy areas – where some sort of common framework will be needed.
“There is a lot of work to do to hammer out the detail, but there has been good progress in recent weeks.
“The EU Withdrawal Bill has a long way to go before it is enacted, and it will need to be amended in order to obtain Scottish and Welsh consent. All of this is straightforwardly achievable, and the Scottish Conservatives in both the Scottish Parliament and the House of Commons will continue to do everything we can to make that happen.”
Last night Mr Mundell said: “Ensuring stability, certainty and a smooth transition is vital for people and business right across the UK.
“Myself, Robin Walker and Chris Skidmore will give evidence today at two Scottish Parliament committees, part of extensive and ongoing engagement with the Scottish Government and Scottish Parliament on Brexit.
“People in Scotland, rightly, expect their two governments to work together and we want to work collaboratively with the Scottish Government and MSPS on Brexit.”
Scotland’s minister for UK negotiations on Scotland’s place in Europe, Michael Russell, said: “It is widely accepted that the bill will have to be substantially amended, and this includes the bill’s approach to devolution. I welcome the recognition that this important principle has received from across the Scottish Parliament. The UK government says it will respect the devolution settlement so it should have no difficulty in accepting the Scottish and Welsh government amendments.
“I have met UK ministers and with all parties to discuss these amendments. If they are accepted by the UK government, this would enable the bill to go forward for consent of the Scottish Parliament.”