THE Scottish Government has warned it will play hardball with future Brexit-related laws and the UK-wide frameworks needed by business outside the EU.
Brexit minister Michael Russell said unless there was reform of the Sewel convention Holyrood would not consent to a raft of forthcoming Westminster bills.
He also said he would be guided by “the interests of the people of Scotland” on developing frameworks on the UK single market, not what the Tory government wanted.
Mr Russell called for the Scottish Parliament’s consent to UK government legislation in devolved areas to be embedded in law.
But as this would give Holyrood a de facto veto over Westminster it is highly unlikely the UK government would - or could - agree, as it would encroach on Westminster sovereignty.
The comments suggest an autumn of confrontations between the Scottish Parliament and Westminster over devolution and a deepening constitutional crisis.
Mr Russell also called for talks between the government and the opposition parties at Holyrood by the end of the month to break the impasse over current Brexit legislation.
MSPs voted 93-30 last month to withhold legislative consent for the EU Withdrawal Bill because it would temporarily reserve repatriated powers in 24 devolved areas after Brexit.
The UK Government says the move is vital to create UK-wide frameworks on regulations for agriculture, fishing and business, but the SNP argue it amounts to a power grab.
Under the Sewel convention, Westminster will “not normally” legislate in devolved areas without Holyrood’s consent.
However, Westminster last week voted to push ahead with the Bill regardless, a first for devolution, with UK ministers citing the exceptional circumstances of Brexit.
Mr Russell said it was clear “normal” meant whatever the UK Government wanted, and the breach of the Sewel Convention showed was always a “figleaf”.
He said the UK Government’s definition of normal was “if you agree with us, you’re normal; if you don’t agree with us, you’re not normal. That is not a definition of normality.”
He added: “We now need to revisit with urgency how Sewel is defined and operated. We need to do so quickly too.
“There are a number of Westminster bills coming up - trade, fishing, agriculture, and the withdrawal agreement itself which will require consent.
“We can’t have a repeat of last week.
“We’ll therefore be seeking urgent discussions with the UK government on how, first of all, to protect Sewel before bringing forward any other legislative consent motions to this chamber.”
Tory MSP Adam Tomkins said the minister's statement was “incoherent and inaccurate”.
He said: “We will take no lessons from nationalists, intent as they are on breaking up the devolved United Kingdom, about how devolution in the United Kingdom should operate.
"They are not the guardians of devolution, they are the would be architects of its demise.”
Mr Tomkins asked whether Mr Russell would pledge to cooperate with UK Government in completing UK-wide common frameworks, or whether he planned to obstruct them.
Mr Russell said he would only pledge allegiance to the Scottish people.
He said: “I will use that as the test of what we do. We will go forward with framework issues if that is good for the Scottish people, and we will not go forward with them, either when it is not good for the Scottish people or when it’s done under the [Tory] definition of normal.”
In reply to a suggestion by Green MSP Patrick harvie, Mr Russell said he would be willing to work with an international mediator to break the deadlock, but he doubted London would.
He also said there would be an “intensive” increase in minor, or secondary, legislation arising from Brexit when the Scottish Parliament returned from its summer recess in September.
Labour MSP Neil Findlay said the “groundhog day” row between the SNP and Tories showed both trying to “stoke up mutual antagonism for narrow party advantage".
He added: "These two sides, like warring factions in a family feud, shout and scream at each other irrespective of the damage done."
A Whitehall source said: "The Scottish Government are not seeking to protect devolution. They do accept or support devolution.
"But the people of Scotland voted decisively for our devolution settlement and we will not allow Nicola Sturgeon to rip it up."
A UK Government spokesperson said: "The EU (Withdrawal) Bill is about ensuring that the whole of the United Kingdom has a functioning statute book on exit day. Throughout its passage we have observed the Sewel convention and spirit and the letter of the devolution settlement – a settlement the people of Scotland voted for decisively in 2014."
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