HOLYROOD will not be allowed any kind of meaningful vote on Brexit, Downing Street indicated yesterday, insisting Westminster would retain “ultimate” authority.
As the constitutional friction between London and Edinburgh continued, Conservative sources said MSPs would not be given a vote on the UK Government’s Great Repeal Bill to end Brussels supremacy.
A source close to Theresa May said: “We will engage with the devolved authorities as we prepare the bill, but foreign affairs are ultimately a reserved matter.”
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Scottish Secretary David Mundell also shot down the idea of Holyrood expressing its opinion via a legislative consent motion (LCM), the convention whereby Westminster asks the Scottish Parliament for its explicit consent before legislating in devolved areas.
SNP Brexit minister Michael Russell said at the weekend that the repeal bill would require approval through an LCM as it would impact on a host of devolved issues.
But Mr Mundell told BBC Radio Scotland yesterday: “I haven’t seen the evidence that would suggest that a legislative consent motion is required by the Scottish Parliament.
“Leaving the EU and foreign affairs are a reserved matter, so ultimately it is for the UK Government to determine the arrangements for the UK leaving the EU.
“The First Minister, the Scottish Government, everyone aware of the situation, are very aware that Scottish Parliament does not have a veto over the UK leaving the EU.”
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Mr Russell called the remarks inflammatory, foolish and arrogant.
He said: “If the UK Government is saying not only that we don’t want you involved in the negotiations, but actually we’re going to subvert the existing system of devolution in order to stop you saying anything, then that is heading towards a very, very serious situation.”
Speaking to the media at the Conservative conference in Birmingham, Scottish Tory leader Ruth Davidson told Nicola Sturgeon she could “not wish away” the decision to quit the EU.
She said: “It is the UK Parliament that deals with reserved policy. The lawyers can fight about it but, as far as I understand it, it is a matter for Westminster.”
She added the First Minister should buckle down to get the best deal for Scotland and the UK instead of using Brexit as a “constitutional chisel” to fashion a second referendum.
But Ms Davidson was accused of “tying herself in knots” after saying she wanted the UK to stay in the single market, despite Ms May prioritising immigration control above membership.
Ms Davidson was pressed about a statement she made on July 3 that “I want to stay in the single market.. even if a consequence of that is maintaining free movement of Labour.”
Pushed on whether it was still her position, she replied: “That is my preferred choice, of everything. And it has always been so. That’s why I was advocating that we stayed in.”
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A spokesperson for Ms Sturgeon said: “Ruth Davidson is tying herself in knots over her position on this key question of whether we stay in the single market.
“The Tory manifesto gave an unequivocal pledge to remain in the single market. If Ruth Davidson has any serious influence on her London colleagues she should use it to make them keep that promise, which is so vital for Scottish jobs and investment.”
SNP sources last night accepted Westminster would have the last word on Brexit, saying Ms Sturgeon “has never threatened to veto Brexit”, although it had been misreported that way.
A source said: “We think there should be an LCM. But is Westminster going to give us it? Why would they? If even if they did, and Holyrood voted against, Westminster could over-ride it.”
The source said it was Westminster’s decision whether a bill required an LCM at Holyrood.
SNP ministers last year failed to scupper the Tories’ Trade Union Bill via an LCM after Westminster said a vote by MSPs was not required and Holyrood’s Presiding Officer agreed.
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