MSPS want amendment for devolved area consent

The EU Withdrawal Bill should be amended so that UK ministers cannot legislate in devolved areas without the consent of the Scottish Government, MSPS have said.

Holyrood’s Delegated Powers and Law Reform Committee has also called for MSPS to be able to scrutinise Scottish ministers’ decisions before consent is given.

The committee has been scrutinising the legislative consent memorandum (LCM) accompanying the crucial Brexit legislation. The memorandum was lodged by the Scottish Government in September.

However, ministers have said they do not intend to bring forward the associated motion needed for Holyrood to agree to the UK Parliament legislating on devolved matters.

First Minister Nicola Sturgeon has reiterated the Bill was not acceptable in its existing form during talks with the Prime Minister Theresa May at Downing Street.

The devolved administrations of both Scotland and Wales have branded the legislation in the House of Commons a “power grab” as it would return responsibilities in areas such as agriculture from Brussels to London. The committee agreed UK ministers should only be able to legislate in devolved areas with the consent of the devolved administration.