BORIS Johnson will have to impose his Brexit deal on Scotland against Holyrood’s wishes if he wants it to become law, the Scottish Government has said, teeing up an explosive constitutional clash.

SNP Brexit Secretary Michael Russell said he could not recommend MSPs giving their consent to the UK Government’s Withdrawal Agreement Bill.

He said the Prime Minister’s break-neck approach to the Bill was “irresponsible and disrespectful of the legislatures of these islands and the devolution settlements.”

The Scottish Tories accused the SNP of engineering "grievance and resentment".

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The PM wants to ram the 110-page Bill through the Commons in just three days in order to meet his “do or die” Brexit deadline of October 31.

Under the Sewel Convention, the UK Parliament would not “normally” legislate in devolved areas without the Scottish Parliament’s explicit consent.

The Withdrawal Agree BiIl (WAB), which would turn Mr Johnson’s Brexit deal into law, says Holyrood’s legislative consent is needed in a series of areas, including citizens rights, the transition period, and tidying up low-level pieces of law called statutory instruments.

However the Scottish Government today lodged a legislative consent memorandum (LCM) at Holyrood setting out its opposition to granting such consent.

With the SNP and Greens in a majority at Holyrood, it means the parliament is set to refuse any request consent, forcing Westminster, as the sovereign parliament, to impose the legislation if it wants it to become law.

This has happened only once since devolution began in 1999, when Holyrood withheld its consent for the original Brexit Bill, the EU Withdrawal Bill, last year only for it to be passed by MPs regardless.

It caused a furious backlash from the SNP and questions about the value and credibility of the Sewel Convention, which is not legally binding.

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If a similar thing was to happen with the Withdrawal Agreement Bill, it would be cited by the SNP as further evidence of Westminster disrespecting Holyrood, and another argument in favour on independence.

In a letter to Brexit minister James Duddridge, Mr Russell said the Scottish Government was opposed to the Bill first and foremost because Scotland did not vote for Brexit.

The deal Mr Johnson negotiated last week would also be “damaging to Scotland and to the United Kingdom”, and failed to remove the possibility of a no-deal Brexit at the end of the next phase of trade negotiations, which are due to end in December 2020.

Mr Russell went on: “The approach of the UK Government to the passage of the Bill is irresponsible and disrespectful of the legislatures of these islands and the devolution settlements. 

“This is one of the most important pieces of legislation ever to be considered by the UK and Scottish Parliaments as the implementation of the Withdrawal Agreement involves a fundamental adjustment to the constitution of our nations. 

“It is essential that it should receive scrutiny in all of the UK’s legislatures, that there should be the proper opportunity for civil society to consider it and for citizens to understand its meaning and significance, and for all constitutional conventions, including the Sewel Convention, to be respected during its passage.”

He also listed changes the Scottish Government wanted made to the Bill and identified more clauses than the UK Government had which were felt to affect the devolution settlement. 

He said: “Scottish Ministers will support any scrutiny of this Bill that the Scottish Parliament is able to do in the time available, and we expect too that the Scottish Parliament’s views on its provisions should be given weight.” 

Tory MSP Adam Tomkins said: "The SNP government has calculated which course of action is most likely to drive up grievance and resentment, then acted accordingly.

“This isn’t an administration serious about making Brexit work for the people of Scotland.

“It wants to do the opposite, and is now openly coveting a no-deal scenario because it thinks that will boost support for separation.

“As a government, the SNP’s behaviour has been abhorrent, and is an insult to the people it is meant to be governing.”

A UK Government spokesperson said: "As the Prime Minister has made clear, this great new deal delivers for all parts of the United Kingdom.

"We have been following the spirit and letter of the devolution settlement at every stage and will continue to do so.

"We have sought legislative consent on the Withdrawal Agreement Bill and hope that the Scottish Parliament backs the Bill."