Cross-party talks to be held over Brexit ruling

Mike Russell raising issue of how to proceed following Supreme Court decision

The Scottish Government will hold talks with opposition parties on how to proceed after the UK’s highest court ruled part of its alternative Brexit legislation was outside Holyrood’s powers.

Constitutional Relations Secretary Mike Russell will raise the issue with the other parties in the Scottish Parliament.

Most had voted in favour of the legislation, which was then challenged by the UK Government.

The Tories, who opposed the legislation – put forward by Scottish ministers as an alternative to the EU Withdrawal Act – instead said the Bill should be scrapped.

Judges at the Supreme Court said while the Scottish Bill “as a whole would not be outside the legislative competence of the Scottish Parliament” a key section of it could limit Westminster’s ability to make laws for Scotland.

The Tories’ constitutional spokesman, Adam Tomkins, said: “Today’s Supreme Court ruling is a clear, unambiguous and of course unanimous judicial vindication for those of us who considered that the SNP’s so-called continuity bill unlawful.”

Mr Tomkins claimed the Supreme Court “has eviscerated the Bill, leaving it in tatters”.

But Scotland’s top law officer, Lord Advocate James Wolffe QC, told him: “It’s clear that at the time this Parliament passed the bill, it was – in its entirety with the exception of one section – within the competence of this Parliament.”

He told MSPs the EU Withdrawal Act – which was passed by Westminster but which the Scottish Parliament did not consent to – had subsequently imposed “new limits on the legislative competence of this Parliament”.

These mean other sections of the Scottish Government’s alternative Brexit Bill – the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – may “not now become law”, Mr Wolffe said.

Mr Russell branded that an “act of constitutional vandalism” by the UK Government

He said: “For the first time ever, UK law officers delayed an act of the Scottish Parliament from becoming law by referring it to the Supreme Court.

“Then the UK Government, for the first time ever, invited the UK Parliament to pass a Bill which they knew would cut the powers of the Scottish Parliament without its consent.

“The UK Government changed the rules of the game midway through the match.”

He added: “This is an act of constitutional vandalism but that does not take away from the fact this judgment makes clear MSPs were perfectly entitled to prepare Scotland’s laws for Brexit at the time this Bill was passed.”

Nicola Sturgeon said the ruling was “an important vindication” for her government. She tweeted the Supreme Court had found “with the exception of just one section, the Scottish Continuity Bill WAS within @ScotParl competence at point of introduction”.

Picture: PA.