HOLYROOD will be urged to withhold consent from the UK Government’s controversial attempts to override the Northern Ireland Protocol. 

Constitution and External Affairs Secretary Angus Robertson said the legislation, introduced in the Commons by Tory leadership hopeful Liz Truss, would lead to a trade war with Europe which would have “disastrous” consequences for the Scottish economy. 

Though the SNP minister admitted that even if MSPs refused a legislative consent motion, the UK Government would be able to push ahead with the new proposals regardless. 

The protocol has been in place since the UK left the EU and was part of the post-Brexit trading arrangement agreed by London and Brussels in 2019. 

It keeps Northern Ireland inside the EU's single market for goods and means there are no checks on goods at the Irish border. 

However, it does this by effectively placing a border between Great Britain and Northern Ireland. 

In June this year, Ms Truss claimed the protocol was undermining “peace and political stability,” in Northern Ireland, and had “created a growing sense that the rights and aspirations of some parts of the community are being undermined.”

She said that the UK Government had tried to “fix these problems through negotiation” with Brussels but that EU had “ruled out changing the text of the protocol.” 

As a result, the Foreign Secretary said the government would move forward with “legislation to fix the specific problems that the protocol is causing while maintaining those parts that are working.” 

Whitehall has suggested 'green lanes', which would mean that goods that are destined only for Northern Ireland and are at no risk of entering the Republic would not need to be checked.

It would also mean a 'dual regulatory regime', which would see goods made to either EU or UK standards being sold in Northern Ireland.

When there is UK Government legislation which relates to a devolved issue, there is a precedent that the Scottish Parliament must be asked for its consent.

However, this process, known as the Sewel Convention, is not binding

Mr Robertson said the legislation would have a "potentially dreadful impact on people and businesses across Scotland."

He said: "We cannot recommend legislative consent for a Bill that will compound the damage of Brexit on Scotland’s economy and risk a disastrous trade war with our fellow Europeans at the worst possible time with people struggling with the cost of living crisis and the UK is forecast to enter recession.

“The Bill could be deemed to break international law. The EU are already in the process of taking forward legal proceedings against the UK Government and there is a risk of further legal activity. 

“We understand that the EU is actively developing options for imposing trade restrictions such as tariffs on the UK and these too will be passed onto the people of Scotland.

"We are aware that fines could also be imposed on the UK. It is the people and businesses in Scotland and across the UK who will suffer as they will ultimately be expected to foot the bill.

“The UK Government has formally asked for consent for the Bill but sadly since Brexit has repeatedly ignored the important convention that they should not normally legislate in devolved matters without the agreement of the Scottish Parliament.  

“This is an opportunity for them to show, at last, that they will respect that convention and not ride roughshod over the Parliament’s wishes.

“Our European partners have been willing to work together on a solution but these calls continue to be ignored.

"The UK Government must withdraw this Bill and return to the negotiating table before these potential issues become very real.”

The UK Government has been approached for comment. 

Ms Truss and her rival in the leadership contest, Rishi Sunak, were both pushed on the protocol last week during a hustings in Belfast.

Ms Truss said as a "child of the Union" she thinks of the Union as a "family" that she never wants to split up.

She said: "Until we sort the issue of the NI Protocol, we're not going to get Stormont back up and running.

"And I've been in discussions with all of the parties in Northern Ireland, I'm determined to make it happen.

"And as we make progress on the Northern Ireland Protocol Bill we will see power-sharing re-established in Northern Ireland, and as well the Belfast Good Friday Agreement re-established."

Meanwhile, Mr Sunak said: "It is clear that the operation of the protocol, as it's currently being enacted, is putting that position at risk - and I will do everything I can as prime minister to fix that."

However, the former chancellor said a negotiated outcome with the EU would be a "much quicker" solution.