MSP committee against Brexit legislation

‘power grab’: Call for controversial clause 11 of the EU Bill to be removed

A cross-party committee of MSPs has said it cannot recommend the Scottish Parliament gives its consent to crucial Brexit legislation as it currently stands.

MSPs on Holyrood’s Finance and Constitution Committee have unanimously agreed that clause 11 of the European Union (Withdrawal) Bill “represents a fundamental shift in the structure of devolution” and could damage “the integrity of the devolution settlement in Scotland”.

In a highly unusual move, the committee, which includes three Conservative MSPs, made clear it cannot recommend the Scottish Parliament gives formal consent to the Bill as it currently stands – calling for the controversial clause to either be replaced or removed.

Committee convener Bruce Crawford stated: “The committee is unanimous in its view that it is not in a position to recommend legislative consent to the EU Withdrawal Bill.

“The whole committee is of the view that clause 11, as currently drafted, is incompatible with the devolution settlement in Scotland.”

The Scottish and Welsh governments have already made plain they cannot consent to the legislation as it is currently drafted.

The Bill was drawn up to transpose EU law into British law so the same rules apply on the day of Brexit as the day before, and will see EU responsibilities in devolved areas initially transferred to Westminster.

The UK Government said this will allow common frameworks to be created ahead of further devolution – but the first ministers of Scotland and Wales have branded it a Westminster “power grab”.

In an interim report on the Bill, MSPs said they agreed with the “vast majority of the expert evidence it has received that clause 11 represents a fundamental shift in the structure of devolution in Scotland”.

They added: “Regardless of whether the Scottish Parliament obtains additional powers or not, the effect of clause 11 will be to adversely impact upon the intelligibility and integrity of the devolution settlement in Scotland.”

The legislation does not contain any provisions guaranteeing clause 11 will be a temporary measure, MSPs noted.

In December, Scottish Secretary David Mundell told MPs that clause 11 would be amended – making the pledge after SNP, Labour, and Scottish Tory MPs all voiced concerns about its impact on devolution and the Union.

The Finance and Constitution Committee has said it will produce a final report on whether the Bill should get legislative consent after these changes are made.