Holyrood Brexit power grab fears ‘could harm future of UK’
●Lords warn of repercussions if Scottish Parliament vetoes legislation
The future of the United Kingdom could be “damaged” if Holyrood rejects controversial laws drawn up to bring about Brexit amid fears of a “power grab”, peers have warned.
The EU Withdrawal Bill has been branded “unacceptable” by the Lords’ Constitution Committee in a report today that warns of “significant constitutional repercussions” if the Scottish Parliament refuses to endorse the legislation.
The UK government bill has been branded a “formal recentralisation of power and exercise of constitutional hierarchy” in evidence taken by peers, the report reveals.
Scotland’s Brexit minister Mike Russell will address the Lords later today to set out concerns north of the Border over the UK government’s proposals.
MSPS have already said they will reject the bill without significant changes that would allay concerns of a “power grab” by Westminster, prompting concerns the UK may be plunged into an unprecedented constitutional crisis.
Many of the EU powers returning to the UK in areas such as farming and fishing belong at Holyrood, according to the Scotland Act that brought about devolution.
But the bill drawn up at Westminster proposes that these will all be transferred to Westminster at the point of Brexit, before UK ministers decide which additional responsibilities are then to be passed onto Holyrood.
Today’s Lords report warns: “The constitutional consequences of proceeding with the bill without legislative consent from the devolved legislatures would be significant and potentially damaging, both to the UK’S withdrawal from the European Union and to the union of the United Kingdom.”
The UK government has said it would bring forward changes to the bill to meet the concerns of the SNP, but failed to do so in time for the first stage of the bill.
Holyrood’s constitution committee has already recommended MSPS reject the legislation, which will come before them later this year.
It would mark the first occasion Holyrood has rejected such a legislative consent motion. Although Holyrood cannot block Brexit, the move would place the UK in uncharted constitutional territory. The bill
was on course to be outside the EU’S internal energy market as a result of the government’s plans to leave the single market and jurisdiction of the European Court of Justice.
The peers said: “It is likely that the UK’S withdrawal from the EU will lead to less efficient energy trade, which could in turn increase the price paid by consumers for energy security.”
The committee also highlighted a warning from energy giant EDF that “without access to EU labour it will be difficult to complete construction of the new nuclear power facility at Hinkley Point in Somerset”. Theresa May’s deputy has issued a call for Tory unity as splits deepened among rival factions on both sides of the Brexit debate within the party.
Cabinet Office minister David Lidington said that the party had to “come together in a spirit of mutual respect” after former cabinet minister Theresa Villiers warned that Brexit could be “diluted”.
Mr Lidington said the UK would be free to move away from EU rules after a transition period. He also claimed that “implementation” period of around two years after Brexit March 2019 would still produce “big, big differences” to the current relationship.