THE UK Government has been warned by the SNP that it has to “move considerably” on its flagship EU Withdrawal Bill in order to get Holyrood’s consent and avoid a major constitutional crisis.
As Damian Green, the First Secretary, holds another bilateral meeting with John Swinney, the Deputy First Minister, in Edinburgh today, Ian Blackford, the Nationalist leader at Westminster called on the UK Government to make concessions ahead of MPs debating Scottish amendments to the legislation next week.
Mr Blackford, when it was suggested Whitehall insiders were becoming increasingly confident the SNP Government would come round to the UK Government’s position, said: “I would say respectfully to them that what has happened is an absolute disgrace.
“We have had something that can only be described as a power-grab, where we have had 111 areas of competence of the Scottish Parliament, that have been interfered with.
“These powers should have come to Scotland first and we could have had a sensible discussion on framework agreements. The UK Government are going to have to move considerably to respect the interests of the Scottish Parliament and not just the Scottish Parliament, the Welsh Government, Scottish Government and Northern Ireland Assembly as well.”
The Highland MP added: “We don’t want as a matter of choice to withhold legislative consent; we don’t want to do that as a principle. But if we don’t get respect from the UK Government, that’s what we will have to do.”
It is expected that before Christmas David Mundell, the Scottish Secretary, will publish a list of powers and responsibilities, currently held by Brussels, which can be transferred directly to the Scottish Parliament. However, there will be a second so-called “basket,” where some powers and responsibilities will be subject to UK frameworks. A third basket will contain those areas on which both governments, for now, cannot agree whether they should be devolved directly or be subject to a UK framework.
Asked how confident the First Secretary was about getting the Scottish Government on board to recommend Holyrood give its consent to the Withdrawal Bill, Mr Green’ spokesman said: “We have had a lot of successful bilateral meetings already and at the last JMC[EN] we agreed a set of principles for the frameworks. We go to this next bilateral looking to progress these talks further. Things have been co-operative up until now, so we look forward to more positive talks.
Asked if Mr Green thought he could avoid a constitutional crisis, the spokesman replied: “We have had a good set of talks up until now and ultimately it is in the Scottish Government’s interests as it is in the UK Government’s interests that we don’t break up the UK single market and that we have a body of law that works for the entire UK when we exit the EU.”
Another meeting of the Joint Ministerial Committee has been pencilled in before Christmas with a possible plenary session, involving Theresa May and Nicola Sturgeon, possibly being held early next year.
While the political circle of Holyrood giving its consent has yet to be squared, the crunch time will be when the bill makes it way through the House of Lords. Just before the final stage, the Third Reading, MSPs will be asked to give their consent. This is likely to take place in March.
Alongside Mr Green and Mr Swinney at the Edinburgh bilateral will be Mr Mundell and Michael Russell, the Scottish Government’s Brexit minister.
The Scottish Secretary, who has expressed confidence that Holyrood will agree to consent to the Brexit legislation, noted how both governments had agreed in principle the need for common frameworks in some areas.
Mr Russell said he was looking forward to “constructive and fruitful talks" but noted how, in the bill’s current form, the Scottish Government could not recommend Holyrood gave its legislative consent.
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