Whitehall is bracing itself for a “week of rage” next week when the UK Government is set to push ahead with its flagship Brexit Bill without the consent of Holyrood.
With the intergovernmental talks between London and Edinburgh continuing to be deadlocked, the EU Withdrawal Bill is due to be debated by MSPs and AMs a week today; while the former are expected to reject the UK Government’s amendments, the latter are expected to accept them.
Brexit: SNP leadership all but concedes no deal on Withdrawal Bill
The following day, peers will have their final debate at Third Reading before a ping-pong takes place between the Commons and the Lords; ultimately, however, the elected chamber will have its way.
Whitehall insiders are expecting a deal of heat to be generated at Holyrood next Tuesday when MSPs will debate the UK legislation; all bar the Conservatives believe it is a “power-grab”.
UK Government ministers and officials are also expecting an angry response from Edinburgh once the bill completes its passage through the Lords the following day.
Theresa May and her colleagues say they have bent over backwards to accommodate SNP concerns about the bill but will push it through in the midst of Scottish opposition because they believe there has to be legal certainty to guarantee a smooth and orderly Brexit.
READ MORE: Key questions over the Government’s latest defeats on flagship Brexit Bill
However, next month lawyers from both governments are due to battle out the constitutional arguments over whether or not the Continuity Bill - the Scottish Government’s insurance policy in light of there being no agreement on the Withdrawal Bill - is legally competent.
UK Government sources are confident the judges of the UK Supreme Court will find in Whitehall’s favour.
Yet if they do not and the Continuity Bill proceeds to become law, and if, as is expected, the Withdrawal Bill also becomes law, then the matter will have to go back to the Supreme Court for it to rule on which piece of legislation takes precedence.
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