Lord Advocate opposes Presiding Officer’s view

Scotland’s most senior law officer has insisted that a Scottish Government bill to protect devolution against a Westminster “power grab” is within the competence of the Scottish Parliament.

Appearing before MSPS, Lord Advocate James Wolffe, QC, argued that if Nicola Sturgeon’s “Continuity Bill” is incompatible with EU law then so is the UK government’s EU Withdrawal Bill.

The Lord Advocate’s view contradicted the verdict reached by Holyrood Presiding Officer Ken Macintosh, who said the proposed legisla- tion was outwith the competence of the parliament when it was published earlier this week.

The Bill has been introduced by Scottish ministers as an alternative to the UK government’s EU Withdrawal Bill amid SNP claims it would amount to a Westminster “power grab”. The key legal issue centres around whether the continuity Bill would be compatible with EU law when enacted.

Mr Wolffe said: “The legal obligation on ministers to comply with EU law will endure until the UK leaves the EU. This Bill does not change that obligation.”