The Scotsman

Green bill at high risk of being struck down, warn legal experts

- By CONOR MATCHETT conor.matchett@jpimedia.co.uk

Leading academics have warned MSPS that a proposed bill that would allow the Scottish Government to adhere to future EU regulation­s on the environmen­t and other measures is at “high risk” of being struck down.

Professor Eloise Scotford, an environmen­tal law academic from the University College London, issued the warning to MSPS yesterday at a meeting of the environmen­t, climate change and land reform committee.

She said the new European Union (Continuity) (Scotland) Bill – the Scottish Parliament’s alternativ­e to the EU Withdrawal Bill passed in Westminste­r – could follow its predecesso­r in being struck down by the Supreme Court.

In 2018, an earlier version of the bill was struck down by the Supreme Court after judges decided it included powers which were outwith the remit of the Scottish Parliament.

At the time, Scottish Brexit secretary Mike Russell claimed the UK government had “changed the rules of the game midway through the match” in an “act of constituti­onal vandalism”.

However, Prof Scotford has now warned an internal market bill from the Scottish Government would create a “high risk” of a repeat.

She said: “If it does turn out thattherei­saninterna­lmarket bill or act to the United Kingdom which replaces some of the function of the European Union in creating common standards particular­ly in the environmen­t field, that means the bill we are looking at today is at high risk of incompatib­ility with that and therefore being struck down.

“If you end up with an internal market bill that removes the discretion for the Scottish Government to keep pace, then this discretion will be redundant and it will not be able to be exercised.”

Another witness, law academic Professor Campbell Gemmell from the University of Strathclyd­e, said he was “deeply concerned” the existing arrangemen­ts were “inadequate”. He said: “Given the long-term position where environmen­t is more often viewed as a potentiall­y tradable element, I would be deeply concerned that the current arrangemen­ts are inadequate to protect the high qualities and standards expected in the Scottish environmen­t.

“There do not appear to be sufficient­ly robust protection­s in place.”

Prof James Harrison, from the University of Edinburgh, an expert in internatio­nal environmen­tal law, said the constituti­on was at a “pivotal moment” and that “serious and robust” conversati­ons were needed.

 ??  ?? 0 Mike Russell claims the UK government has ‘changed the rules of the game’
0 Mike Russell claims the UK government has ‘changed the rules of the game’

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