Call for clarity on plans to conform with EU

A Holyrood committee is calling for clarity on Scottish Government plans to continue alignment with EU law.

The Constitution, Europe and External Affairs Committee has written to Angus Robertson, minister for the constitution, urging him to provide information on the scope, time and transparency of decision-making in relation to the “keeping the pace” power.

Brexit meant there was no longer a requirement to comply with EU law, but Mr Robertson has outlined plans to align with appropriate laws.

However, the committee told Mr Robertson that the current approach is “unsustainable” due to a lack of detailed information.

The concerns come after the committee asked the Scottish Parliament Information Centre (SPICE) to commission research to provide a baseline of the potential scope of the commitment to align with EU law.

The letter said committee MSPS “do not have sufficient transparency with regards to Scottish ministers’ decisionmaking process on EU alignment, especially where decisions are taken not to align and the reasons for that”.

“Passive divergence” could be “inevitable”, it said, as the Brexit transition period ended on December 31 2020, meaning changed or new EU law would not be relevant to Scotland.

The letter, from committee chairwoman Clare Adamson, said: “The current approach is unsustainable.”

It added the research from SPICE’S Dr Lisa Claire Whitten “fully demonstrates the scope and complexity of the Scottish Government’s commitment to align and this is not reflected in the minimal information provided”.