Minister admits Brexit risks triggering ‘constitutional crisis’

0 Scotland Office minister Ian Duncan spoke in the Lords Failure to amend Brexit legislation to prevent a devolution “power grab” will trigger a “constitutional crisis”, a UK government minister has admitted.

Ahead of peers debating the EU Withdrawal Bill next week, Scotland Office minister Ian Duncan told the House of Lords that the clause deal- ing with devolution was “not going to work in its present form”.

As currently drafted, Clause 11 of the bill retains 111 powers in areas devolved to Scotland at Westminster, despite UK government commitments to increase Holyrood’s powers after Brexit.

“This is part of the respect agenda,” Lord Duncan said. “We must find a form of words with the devolved administra- tions to secure progress going forward. As all have noted and accepted, if we do not secure that form of words, the legislative consent motion we will need will not be made available. Then, a constitutional crisis … will be upon us.”

During the debate on Brexit and devolution, Lord Hope of Craighead, the former president of the Court of Session, told peers that “there is a touch of Oliver Cromwell” in Clause 11 of the bill. “There are powers which, unless controlled in a way that the bill does not currently provide for, would seriously invade and undermine the way that devolved government is conducted at present in Scotland,” he said.

Former first minister Lord Mcconnell said “egos and ideologies” were “getting in the way” of an agreement between UK and Scottish ministers on changes to the bill.