THE SCOTTISH Government has accused Westminster of a “systematic attack” on Holyrood’s powers after publishing a dossier the SNP says show the erosion of devolved authority.
In a new report, Holyrood ministers have suggested that the UK Government and Parliament now regularly legislate in devolved policy areas and have made accusations the powers of the Scottish Parliament have been adjusted without the consent of MSPs.
The document also highlights UK Government ministers have taken powers to spend in devolved areas where responsibility should lie with Holyrood and claims the Scottish Parliament’s views on Brexit have been ignored by Westminster.
The report has pointed to the UK Internal Market Act, which the Scottish Government says allows the UK Government to essentially impose standards in a host of areas that are devolved to Holyrood.
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It says the act means devolved powers "will now be exercised in a system designed and controlled by UK ministers", adding they will be "imposed on the Scottish Parliament without its consent".
The report adds: "These new constraints will operate automatically and without any of the exemptions and protections for – and recognition of the value of – local autonomy that apply in the EU single market.
"The act also confers new powers on UK Ministers to change the powers of the Scottish Parliament without its consent."
The document also details how Scottish ministers claim the act is being used by the UK Government to divert former EU funding that would previously have come to the Scottish Parliament to decide how it should be spent.
The Scottish Government has pointed to the UK Government’s levelling up fund for infrastructure projects and has criticised the money bypassing Holyrood’s involvement for around £400 million of expected consequential funding.
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Constitution Secretary Mike Russell has claimed that since the vote for the UK to leave the European Union in 2016, “there has been a systematic attack on the Scottish Parliament’s powers”, which he said is “fundamentally undermining devolution”.
He added: “Bit by bit, the settlement that secured 74% support in the 1997 devolution referendum, is being unpicked under the cover of Brexit and without the consent of Scottish people.
“This is not a big bang abolition – it is instead the slow demise of devolution in the hope that no-one will notice.
“The UK Government has signalled its desire is to ‘undo’ devolution and it is now repeatedly using its majority at Westminster to impose laws in devolved policy areas.”
Mr Russell suggested that the Internal Market Act has “substantially weakened the Scottish Parliament’s powers”.
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He added: “The Act is going to have a very real impact on everyone in Scotland. The Scottish Parliament’s ability to ensure high levels of food standards and stop the sale of single-use plastics could be rendered obsolete - undoing devolution and undermining Scotland’s ability to directly shape its future.
“UK Government ministers also now have the power, at a stroke of their pen, to subject Scotland’s NHS to the market access principles the act introduces.
“That is why we will continue to resist the damaging effects of this Act in every way possible, and why we are bringing forward an independence referendum Bill – to keep Scottish powers in the hands of the Scottish people.”
A UK Government source said the SNP was bringing up "previous grievances" it has already highlighted in the past.
The UK Government has refuted the claims around the NHS, pointing to the fact the UK Internal Market Act has specifically excluded public and health services from the market access principles, such as those provided by the NHS across the four UK nations.
A spokesperson added: “Now more than ever, people in Scotland want to see the UK Government and devolved administration working together to protect lives and livelihoods.
“The United Kingdom is the most successful political and economic union the world has ever seen, and this pandemic and our collective response, from the furlough scheme to vaccine procurement and the backing of our military personnel, has shown that we are at our strongest when we work together towards a common goal.
“The Prime Minister remains fully committed to strengthening and levelling up all parts of the country by empowering local communities across the United Kingdom.”
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