Sturgeon left fighting lone battle over EU Brexit deal
● Wales agrees deal over EU powers isolating SNP government
The Scottish Government has rejected a Westminster offer to resolve a long-running Brexit “power grab” stand-off amid claims that Nicola Sturgeon overruled her minister Mike Russell to “kibosh” the deal.
The First Minister insisted that the UK’S post-brexit legal framework will “constrain” the power of the Scottish Parliament for up to seven years.
But the Welsh government – which had similar “power grab” concerns – accepted the compromise deal from UK ministers claiming it would “protect devolution”.
Opposition MSPS at Holyrood hit out by insisting that “it is Scotland alone” which is blocking a deal and suggesting the SNP’S approach is down to its desire for a second independence referendum.
Mr Russell dismissed claims of a rift with Ms Sturgeon and insisted there was “no crack” in the Scottish Government’s position.
But the developments have shattered the previous cross-party unity at Holyrood over Westminster’s EU Withdrawal Bill, with opposition leaders accusing the SNP of treating Parliament with “contempt”.
The row centres on powers being repatriated from Brussels to the UK after Brexit and claims that key responsibilities – in areas such as fishing and farming – which should come to Holyrood in line with the devolution agreement are being
appropriated by Westminster. The First Minister yesterday wrote to Prime Minister Theresa May setting out her concerns.
“The effect of the amendments and the draft agreement is that the Scottish Parliament’s powers could be restricted for a period of up to seven years according to the proposed provisions without its consent,” the letter states.
“I am sure you will appreciate given the clear statements of the Scottish Government’s position that this is not something I can recommend of the Scottish Parliament for approval.”
Mr Russell told MSPS yesterday that the post-brexit legal framework set out by the UK government’s bill will “constrain” the powers of the Scottish Parliament unless Clause 11 of the legislation is either withdrawn or amended.
The Scottish Government has already passed its own alternative legal framework for Scotland – the EU Continuity Bill at Holyrood – amid concerns over the UK plans. It is now subject of a court challenge.
Ministers in Edinburgh and London have been locked in stalemate for months as they sought to resolve the impasse.
The latest offer made by the UK government and accepted by the Welsh government included a five-year “sunset clause” meaning that Westminster’s ability to legislate in these devolved areas would cease after this period. UK ministers would also seek consent from the devolved parliaments before legislating in these areas.
Mr Russell told MSPS at Holyrood that progress has been made in recent months and the Scottish Government had given the latest proposals “serious and respectful consideration”.
But he said: “The effect of the latest proposal remains this: the Scottish Parliament’s powers could be restricted without consent. This is not something the Scottish Government could recommend the Parliament approves.”
He added: “It would be an outrage if the UK government decided to use what the people of Scotland did not vote for – Brexit – to undermine what we did vote for – devolution.
“The UK government has no mandate to undermine the powers of the Scottish Parliament.
“And, therefore, the Scottish Government will do everything we can to protect the devolution settlement people voted for so overwhelmingly more than 20 years ago.”
Mr Russell told MSPS that a deal can be struck if clause 11 is removed or alternatively if changes were agreed to the effect that any move by Westminster to legislate in devolved areas must only be done with the agreement by the Scottish Parliament.
The UK government insists it needs the authority to legislate in some devolved areas to protect the UK internal market after Brexit and ensure that areas like bottle labelling and nutrition standards remain the same north and south of the Border.
Westminster Cabinet Secretary David Lidington voiced his frustration at the Scottish Government’s refusal to sign up and urged a rethink.
He said: “It is disappointing that the Scottish Government have not yet felt able to add their agreement to the new amendments. I hope that they may still reconsider their position.
“All governments agree that it would be best for all parts of the UK if we had an agreed way forward on the EU Withdrawal Bill.”
The Scottish Government has regularly cited the support of the Welsh government in the stalemate, insisting that Westminster’s Brexit plan amounted to attack on the UK devolved administrations.
But Welsh government finance secretary Mark Drakeford signed up to the deal yesterday, insisting that London has “changed its position so that all so that all powers and policy areas rest in Cardiff ”.
Mr Drakeford said: “This is a deal we can work with which has required compromise on both sides. Our aim throughout these talks has been to protect devolution and make sure laws and policy in areas which are currently devolved remain devolved and this we have achieved.”
Tory Brexit spokesman Adam Tomkins insisted the UK government has listened to concerns of the Scottish Parliament and “has come forward with a new offer which it will publish tomorrow.”
But he added: “For narrow political reasons, the SNP once again says no. This it seems has nothing to do with the matter at hand and everything to do with their obsession with a second referendum on independence.”
And he added: “Isn’t the case that he [Mr Russell] was in fact prepared to sign up to this deal today but was overruled last week by the First Minister? Isn’t the case when it comes to consent, he was prepared to give it, but she refused?”
Labour’s Brexit spokesman Neil Findlay also suggested a split between Ms Sturgeon and the Brexit minister, pointing to the “body language, but lack of real language” between the pair in the Holyrood chamber yesterday.
“That would suggest that there was potentially a deal to be struck and the cabinet secretary wanted to sign it, but it’s been kiboshed by the First Minister,” he said.
But Mr Russell hit back: “I can assure you that the relationship with the First Minister seems fine to me and I think it seems fine to her too.”
He insisted that the lack of consent for the Scottish Parliament was a roadblock for all ministers. “I stand four square behind that position – as I indicated so does the entire government, there’s no crack in that.”
There is still a number of weeks for a deal to be struck, with the final stage of the EU Withdrawal Bill expected to go through the Commons in May.
Ms Sturgeon said: “I very much hope it is possible to continue by agreement.”
The UK Supreme Court is currently considering a legal challenge brought by the UK law officers to the Scottish Government EU Continuity Bill which would provide an alternative post-brexit framework north of the Border.
Holyrood’s Presiding Officer Ken Macintosh said it was not within the competence of the Scottish Parliament, but Scotland’s Lord Advocate James Wolffe said it is.
QUESTION “Isn’t the case that he [Mr Russell] was in fact prepared to sign up to this deal today but was overruled last week by the First Minister?” ADAM TOMKINS MSP Scottish Tory Brexit spokesman