The Scottish Government has backed down after threatening to withhold consent from any UK Brexit legislation.
Constitutional Relations Secretary Mike Russell conceded SNP ministers may have to support laws aimed at finding alternatives to Britain's current reciprocal healthcare arrangements with the EU.
He also attracted criticism after saying he had “skimmed” Theresa May’s draft Brexit divorce deal.
READ MORE: Nicola Sturgeon admits Indyref2 may be after 2021
Mr Russell previously insisted he “couldn’t conceive of circumstances” in which Holyrood would give its blessing to Westminster legislation until the “broken” devolution system is fixed.
It came after Scottish ministers accused the UK Government of ignoring the will of Holyrood by pushing ahead with Brexit legislation without its consent.
In September, Mr Russell told MSPs: “We have made it clear that we will not introduce further legislative consent motions on Brexit bills.”
However he has now admitted this position may have to change when it comes to the Healthcare (International Arrangements) Bill.
Scottish Tory shadow Brexit secretary Adam Tomkins responded: “So having thrown all your toys out the pram, you’re now having to get them back in the pram, aren’t you?”
Mr Russell made the comments while giving evidence to Holyrood’s Finance and Constitution Committee.
He said he needed to discuss the latest legislation with Health Secretary Jeane Freeman.
He added: “That is a matter that we need to fully discuss with the relevant ministers.
“I don’t want to give a hard and fast answer to the Healthcare Arrangements Bill, because it does cover a significant number of individuals who will require services, and in those circumstances I don’t want to give that at this present moment because I want to discuss it with the relevant minister.”
The legislation would give the UK Government powers to fund and arrange healthcare for British citizens living in the EU after Brexit, as well as covering medical assistance on holidays.
Mr Tomkins said Scottish NHS patients would be prevented from travelling to the EU for specialist, life-saving treatment unless Holyrood gives its consent to the bill.
He said: “Is it really the Scottish Government’s view that the devolution process is so broken because of Brexit that these patients should be harmed in this way?”
READ MORE: Nicola Sturgeon admits Indyref2 may be after 2021
Mr Russell said he recognised the sensitivity of the legislation and would discuss it with Ms Freeman, adding: “Would you rather I had a hard and fast view that did what you wanted me to do, clearly, which is to deprive people of the services – or would you rather that I took a pragmatic, sensitive and sensible view, which is what I am taking?”
Mr Tomkins responded: “I would rather you were accurate in your answers to questions that are asked in good faith by this committee.
“The question is, is it the Scottish Government’s position that it will have nothing to do with the legislative consent process with regard to any Brexit-related legislation?”
Mr Russell insisted the Government’s position was that he would consider any issues “on their merits”, adding: “That is what you would expect a Government to do.”
He repeated his claim that the legislative consent process was “broken”, but admitted there are areas of the bill which will require consent.
Scottish ministers pushed ahead with their own alternative to the EU Withdrawal Bill earlier this year after failing to reach agreement with the UK Government over where powers should be devolved after Brexit.
A UK Government source said: "It’s encouraging to hear the Scottish Government are considering giving legislative consent to a Brexit-related bill.
"The UK Government will continue to work with the Scottish Government and seek legislative consent for Bills, where appropriate, in line with the Sewell Convention.
"The Healthcare Bill provides a very clear illustration of why Scotland must be fully prepared for leaving the EU.
"It is essential the Scottish Government play a constructive role rather than seek constitutional rows in the hope they increase support for independence."
READ MORE: Nicola Sturgeon admits Indyref2 may be after 2021
Elsewhere, Scottish Tory shadow finance secretary Murdo Fraser accused Mr Russell of rushing to judge Theresa May’s draft Brexit divorce deal without actually reading it.
He said the document entered the public domain at 11.46am last Wednesday.
At 12.09pm, 23 minutes later, Mr Russell wrote on Twitter that the deal was “very poor and disastrous”.
Mr Russell said his assessment had not been proved wrong.
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