What will the Great Repeal Bill mean for Holyrood?

What is the Great Repeal Bill?

It is one of the most complex pieces of legislation ever considered by the UK Government and will detail how around 5,000 European Union laws will be incorporated into UK law.

It will scrap the European Communities Act 1972 and other EU treaties signed by Britain and the rules they impose.

Which laws do the EU currently have power over?

A Mass tranche of powers, ranging from working time rules which limit how many hours per week an employee can work, legislation on household goods such as toasters and vacuum cleaners, and regulations relating to farming, fisheries and elements of food and drink.

Will all these laws be instantly scrapped under the Great Repeal Bill?

No. some have referred to the Bill as being more like the ‘great cut and paste bill’. What will happen in practice is every EU law will be enshrined in UK law from the day Britain formally leaves the EU.

that is designed to ensure that there are not massive gaps in the law on day one of Brexit. It will only be further down the line that ministers make decisions on whether to scrap, amend or replace certain laws.

Does this impact on the Scottish parliament?

YEs. the EU is currently responsible for setting laws in some devolved areas, for instance: agriculture, fisheries, the environment, transport and the economy. so at the moment the scottish Government is responsible for legislating within frameworks set by the EU in these areas.

What do the SNP want to happen?

It wants all power for setting frameworks in these devolved areas to be transferred from Brussels to Holyrood, in order to allow the scottish parliament to set any policy it chooses.

Will the UK Government agree to that?

Not a chance. It fears having completely different approaches in scotland to the rest of the UK would dismantle the entire single market. For example, some foods produced in England may not meet the requirements set by the scottish Government, or vice-versa, which could damage cross-Border trade.

What is the UK Government’s solution?

It wants the common frameworks to be set across the UK, with the devolved administrations then having the power to set policy within that – as happens now with the EU setting the framework.

Will the Scottish Government be able to get its way?

PROBABLY not. the scottish parliament is likely to be asked to vote on a ‘legislative consent motion’, which gives Westminster consent to legislate in these devolved areas. Nicola sturgeon has already indicated she will refuse to give consent if all powers coming back from Brussels in devolved areas don’t come to Holyrood. However, that can – and probably would – be overruled by Westminster.

What would the SNP do if the Scottish parliament is ignored?

It would certainly attempt to tell scots that the views of the scottish parliament are being ignored, in order to try to increase support for independence. But it could also take the issue through the courts.

What is the risk?

THE SNP could look like it is playing politics with an important issue which could actually give more power to Holyrood. the UK Government has already given a commitment that there will be a ‘significant increase’ in powers at Holyrood as a result of Brexit. And if the SNP got its way it could cause chaos, as there would be gaps in the law in scotland.