The Scotsman

Devolution is heading into unchartere­d waters

- Katrine Bussey

QWhat is the row between the Scottish and UK government­s about?

ABrexit means powers that have been exercised by Brussels returning to the UK. The dispute is all about what should happen to them next. The Scotland Act, which set up the Scottish Parliament, explicitly stated anything not specifical­ly reserved to Westminste­r is devolved. As such, the Scottish Government insists all these

powers should come to it, hence the claim from SNP ministers that the EU Withdrawal Bill is a “power grab”. However the UK government argues it needs to hold some powers - on a temporary basis - to allow common UK arrangemen­ts to be set up in areas such as fishing, farming and environmen­tal regulation­s.

Q What is legislativ­e consent and why does it matter?

A Devolved administra­tions must give their consent for Westminste­r to legislate in areas they would normally do so. As the EU Withdrawal Bill covers areas which are devolved to both Scotland and Wales, the parliament­s in Edinburgh and Cardiff are required to vote on this. However even if Holyrood votes to refuse consent, Westminste­r can still go ahead and introduce the legislatio­n anyway.

Q How can it be the case that Westminste­r can introduce legislatio­n against the will of the Scottish Parliament?

A The Sewel Convention, which is enshrined in the devolution legislatio­n, states Westminste­r “would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament”. But, when campaigner Gina Miller challenged the government over the triggering of Article 50 in the UK Supreme Court, it concluded this was not a rule which could be enforced by the courts, leaving the UK government able to pass the EU Withdrawal Bill without the consent of Holyrood.

Q What happens next?

A Devolution is thrust into uncharted territory, with the possibilit­y that Westminste­r could not pass legislatio­n against the express wishes of Holyrood.

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