THE UK and Scottish Governments will reconvene their talks on Brexit next week as Whitehall sources indicated Theresa May was willing to change the flagship EU Withdrawal Bill to allay concerns of MPs.
David Davis, the Brexit Secretary, is expected to chair a meeting of the Joint Ministerial Council in London on Tuesday with Michael Russell representing the Scottish Government.
On Monday, Scottish Conservative MPs expressed their desire to have Clause 11 of the bill changed to ensure there is absolute clarity about which of the 111 powers and responsibilities coming from Brussels post Brexit go directly to Holyrood and which will be subject to so-called UK frameworks.
While the 13 Scottish Tory MPs helped the UK Government defeat opposition amendments, they were clear that changes needed to be made. Senior Whitehall insiders hinted that such changes to provide clarity could come during the passage of the Bill in the House of Lords, where, before the final parliamentary stage the bill goes to the Scottish Parliament, so that MSPs can decided whether or not to give their consent.
At present, the SNP administration, which believes the legislation is nothing more than a “power-grab” by Westminster, has made clear it could not recommend MSPs give their consent.
David Mundell, the Scottish Secretary, has rejected talk of a power-grab and has insisted Holyrood is in for a “powers bonanza”. He is expected before Christmas to produce a list of those powers and responsibilities, which can go automatically to Edinburgh when Britain leaves the EU. Another list will contain those powers and responsibilities, which should be subject to common UK frameworks. Areas concerned include agriculture and fishing.
One Government source made clear the Prime Minister was “in listening mode” and would respond to colleagues' concerns during the legislative process.
During Monday’s debate in the committee stage of the legislation Paul Masterton, the MP for East Renfrewshire, described clause 11 relating to Scotland as "not fit for purpose," arguing it must be replaced with a new version.
He made clear the bill as it stood “undermines devolution and does not respect the integrity of the Union”. The backbencher said areas for common frameworks had to be agreed and those powers not subject to them should be “devolved immediately on EU exit”.
His Conservative colleague John Lamont, who represents Berwickshire, Roxburgh and Selkirk, also said the UK Government "needs to do more" to find a way forward with the Scottish and Welsh Governments.
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