The Scotsman

Scots Tories urge Brexit compromise to ‘respect devolution’

●Withdrawal Bill has to be amended to prevent crisis over Union, says Tomkins

- By TOM PETERKIN Political Editor

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.”

 ??  ?? 0 First Minister Nicola Sturgeon makes a formal apology to gay men at the Scottish Parliament yesterday, leaving two men in the gallery visibly moved
0 First Minister Nicola Sturgeon makes a formal apology to gay men at the Scottish Parliament yesterday, leaving two men in the gallery visibly moved
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