Holyrood nod sought on repealing EU laws
HOLYROOD’S approval is likely to be sought for legislation that will bring EU laws back to the UK as part of the Brexit process, the Scottish Secretary has said.
David Mundell said he was “working on the basis” a legislative consent motion (LCM) will be needed at the Scottish Parliament for the UK Government’s Great Repeal Bill.
He said consent was not required for its legislation to trigger the Article 50 process for leaving the European Union (EU).
Failure to obtain MSPs’ backing on the repeal bill would have “very significant consequences”, he added.
Mr Mundell met with Scotland’s Brexit minister Mike Russell and Finance Secretary Derek Mackay in Edinburgh yesterday.
The Great Repeal Bill would remove the 1972 European Communities Act and also enshrine all existing EU law into British law.
Additional powers will be handed to Holyrood as a consequence of the repatriation of powers from Brussels, Mr Mundell said.
Under the Sewel Convention, the UK Parliament would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.
“I anticipate, and I do caveat it until you see the Bill, I anticipate that unlike the Article 50 notification, the Great Repeal Bill would be the subject of the legislative consent process and I am working on that basis,” Mr Mundell said.
“I think there are really big issues that will be in the Great Repeal Bill, there will be issues around the powers for this Parliament, and there will be the issues around whether we have a hole in our law, because the body of European law hasn’t been adopted.
“So, not agreeing to the Great Repeal Bill would have very significant consequences, but my focus will be to work with the Parliament here, to work with the committees, to get that agreement.”
A Scottish Government spokesman later said the talks had been “fairly pointless”, with no details provided on the powers coming to the Scottish Parliament.
The spokesman also confirmed the Scottish Government is pressing ahead with its bid to give MSPs a say on triggering Article 50.
It will attempt to bring an LCM to the chamber despite the Supreme Court ruling the UK Government was “not legally compelled” to consult the devolved administrations before formally starting the Brexit process.
Speaking after the meeting, Mr Russell said: “The Scottish Government, in its detailed, compromise proposals, has set out clearly how Scotland can stay in the European single market and which powers should come to Holyrood if the UK leaves the EU.
“Given this meeting was requested by the Scotland Office, I was disappointed they appear to have given no thought to these proposals and made no offer on powers: despite asking for the meeting to discuss that very subject.”