PLANS to publish the full list of EU powers to be returned to Scotland after Brexit are being blocked by the Scottish Government, David Mundell has claimed.
Following the latest Joint Ministerial Council meeting in Whitehall, the Scottish Secretary said it would have been “helpful” for Scots to have known about the repatriation of powers from Brussels to Edinburgh “at the earliest opportunity” as this would have dismissed the SNP administration’s central charge that the flagship EU Withdrawal Bill was a “power-grab”.
But Mr Mundell explained: “The Scottish Government position, as I understand it, is they don’t want to do that until the process is complete and they have signed it off. I respect that.
“Given that they stoked up this power-grab row, which was not based on fact, it would have been helpful if we had been able to set out[the position] at the earliest opportunity…It would have demonstrated the position is not as it has been set out.
“However, this is a negotiation,” he insisted, adding: “I want to proceed with the maximum of agreement through that process and, therefore, I will respect their wish not to put it into the public domain.”
But a spokeswoman for the Scottish Government hit back, saying: “This suggestion is wrong; the UK Government did not say or even indicate at the meeting that it wanted to publish a list of the devolved powers it wants to transfer to Westminster.
"The Scottish Government's position is that all devolved powers currently exercised at EU level should remain devolved. We are seeking a change in the EU Withdrawal Bill that would ensure key policy areas such as agriculture, fisheries, state aid, procurement, food standards and environmental quality remain devolved in the event of Brexit.”
Mr Mundell explained how most of the 111 powers and responsibilities would go to the Scottish Parliament quickly after withdrawal in March 2019; a small number would be subject to informal agreement and another small number to common frameworks.
The concerns of the Scottish Government and MPs from all parties would be addressed in amendments to the bill, to be published in the New Year; reassuring them that there will be no power-grab and the devolved settlement in Scotland will be strengthened.
Following the almost two-hourlong JMC, the Secretary of State said progress had been made and the “momentum is taking us forward to achieve the outcome both governments want, which is ultimately the best deal for Scotland”.
But Michael Russell, the Scottish Government’s Brexit Minister, insisted “time is running out” and the Scottish Government was “no closer” to agreeing that Holyrood should give its consent to the Withdrawal Bill.
He suggested the Brexit talks on the Irish border issue had “further complicated” the bid to agree common UK-wide frameworks on powers, which, he stressed, had to be based on equality.
“It’s still my judgement we don’t have enough information to decide we can pass a Legislative Consent Motion…Until we have agreed an amendment, there is no way we can agree to Clause 11 of the bill.”
He added, unless legislative changes were made, the Scottish Government would press on with plans for a Continuity Bill, a means of keeping EU regulations in Scottish law through Holyrood legislation.
Meanwhile on the prospect of a Government defeat today on the bill in regards to Amendment 7, giving MPs a “meaningful vote” on the final Brexit deal, the Scottish Secretary hinted the Government might be prepared to move, stressing how ministers were in “listening mode”.
With up to 20 Tory MPs willing to support the rebel amendment, its author Dominic Grieve, the former Attorney General, suggested there was a "real possibility" Theresa May was facing a Commons defeat on her flagship Brexit bill unless MPs were guaranteed a "meaningful vote" on leaving the EU ie a veto on any deal they disliked.
The move threatens to wreck the Conservatives’ fragile unity following the Prime Minister’s “Brexit breakthrough,” which is due to get EU27 approval this Friday to move the Brussels talks onto transition and trade.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel