MSPS have rejected a call to reject the Scottish Government plans to continue alignment with European Union laws despite claims the power will never be used.
Scottish Conservative constitution spokesperson, Donald Cameron, called for MSPs to reject a policy statement laid by SNP ministers last month relating to an act that would continue the Scottish Parliament keeping pace with EU law where required.
Mr Cameron told MSPs that the statement “should not be approved”, claiming that in the year after coming into effect it has not been used, adding that the Scottish Government has no intention to use the powers.
He said: “These benches firmly disagree with the state of policy of aligning with EU law.
“The ramifications of Brexit divided opinion sharply in Scotland and the wider UK. But the plain fact is the UK has left the European Union and has indeed now agreed a trade agreement with the EU.”
Mr Cameron added: “However much the SNP resent this, the fact remains we are outside the decision-making processes of the EU, we have no democratic input into the EU’s institutions, and we have very little, if any, influence on the legislative choices being made by the EU.
“And yet the SNP insists on the power to keep pace with and align with EU law. This is, of course, predicated on their desire to break up the UK and rejoin the EU at the earliest opportunity.”
Mr Cameron suggested that “it is very notable that not once has the Scottish Government used the keeping pace power” according to a report dated May 10, 2022.
He said: “Despite the warnings of the Cabinet Secretary’s predecessor in the last session of parliament, who kept saying that the keeping pace powers were crucial and necessary, they have not been used at all.
“Perhaps more strikingly, there are no plans to use them in the future. The Scottish Government’s report says so in black and white.
“Given that background, we are entitled to ask why not and more generally, what is the point of continuing alignment of EU law?”
SNP Constitution Secretary, Angus Robertson, stressed that “Scotland was removed from the European Union against its will” adding that “as we see on a daily basis, there are no benefits of Brexit”.
He said: “The Scottish Government is clear that we must remain close to the EU and continue to protect the high standards that benefit our country.”
Mr Robertson said his Government will “continue to align with the European Union where it is possible for Scotland to do so under the Devolution Settlement”.
He added: “We won’t stand by while the UK Government is intent on a race to the bottom.”
“Our intention is to align where possible by subject-specific powers or primary legislation where necessary.”
Mr Robertson pointed to “regulations under powers in the Environmental Protection Act to ban single use plastics in June” as an example of the Scottish Government attempting to keep pace with EU law.
He added: “Where powers are not available or would not allow us to align affectively, we will consider the use of the continuity act power.”
The SNP minister added that the move from the Conservatives was “simply an attempt to distract form their party’s calamitous Brexit and ongoing efforts to undermine Scotland’s retained EU law and the Devolution Settlement.”
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