UK and Scottish ministers are preparing for one last try next week to square the circle on the Brexit Bill - but hopes are not high for success.
Arrangements are being made for a meeting of the Joint Ministerial Committee, pencilled in for Wednesday, but such is the entrenched positions of both governments on the issue of the EU Withdrawal Bill that David Lidington, the Cabinet Office Minister, and Michael Russell, the Scottish Government’s Brexit Minister, are more likely to discuss how Edinburgh can have an input into UK discussions with the EU during the 18-month implementation period rather than spend much time repeating old arguments.
Tom Gordon: SNP learns the hard way that silence is not golden
In a possible sign both governments are now resigned to a no-deal outcome, The Herald understands they are already in private talks with the UK Supreme Court to arrange days for the hearing on the UK Government’s challenge to the Scottish Government’s Continuity Bill.
The court’s Easter session ends on May 25 and the judges do not return until mid June.
Whitehall insiders are confident that they will find in the UK Government’s favour.
However, should they rule the Scottish legislation is competent, then another constitutional battle looms.
Accepting the EU Withdrawal Bill will become law before summer, UK Government lawyers will have no choice but to refer the matter back to the Supreme Court, where the judges would have to rule on which of the competing laws takes precedence.
Kevin McKenna: Badly-judged SNP attack on UK backfires
Given the Article 50 case when they upheld Westminster as the constitutional authority, UK ministers are confident they would rule in London’s favour again.
One senior Whitehall source made clear First Minister Nicola Sturgeon was now treading a “dangerous path” politically given the Welsh Government had agreed a deal, stressing it was not a threat to the devolved settlement.
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