EVERY power currently held by Holyrood is at risk of being undermined or removed by Westminster’s post-Brexit plans for the UK single market, Mike Russell has said.
The Constitution Secretary told MSPs the UK Government’s “badly drafted and malicious” proposals were a “draconian” power grab that would be resisted tooth and nail.
“The Scottish Government is committed to co-operation but it will not be bullied,” he said.
The Scottish Tories accused him of “hysterical and misleading rhetoric”.
If followed Mr Russell updating Holyrood on the recent UK Government White Paper on maintaining a single market after the EU single market no longer applies next year.
The paper lays the ground for legislation, which Holyrood is expected to reject, which would mean goods allowed for sale in one of the four UK nations would be allowed for sale in all.
Mr Russell said in practice that would mean a “take it or leave it” imposition of standards that suited England, regardless of what the devolved nations wanted to do for themselves.
He said the UK wanted a uniform market that overrode devolution because it would simplify the “bad trade deals” it would strike with the rest of the world.
He said the unilateral proposals were “unacceptable and unnecessary”, and a “blatant power grab” based on scaremongering about internal trade barriers.
He said: “There is no threat to seamless trade. This is a naked political ploy - a predetermined draconian solution in search of a non-existent problem.
“The real threat to the prosperity of these islands comes not from the devolved administrations but from the current UK Government.”
Mr Russell said the UK planned to ditch the high regulatory standards Scotland had enjoyed within the EU for lower ones “without seeking consent from the people of Scotland”.
He said: “The effect of the proposals would be to prevent this Parliament from requiring goods or services produced elsewhere in the UK to meet the standards decided upon by this Parliament. In other words, if the UK Government can simply change the rules for England… Scotland would just have to accept that decision.”
He added: “There is a consistent pattern emerging regarding the Tory view of UK governance
“This insists on total freedom of action for the UK Government, unrestrained by any requirement to negotiate or compromise.
“It wants substantial constraint on powers presently held by the devolved administrations.
“That is the agenda and it is being pursued with vigour.
“The Scottish Government is committed to co-operation but it will not be bullied.”
Tory MSP Murdo Fraser accused SNP ministers of putting “constitutional grievance mongering” ahead of the 500,000 Scots jobs reliant on a UK internal market.
He asked Mr Russell to say which of Holyrood’s current powers would be removed by the Westminster proposals.
Mr Russell directed Mr Fraser to Schedule 5 of the 1998 Scotland Act, which lists the powers specifically reserved to Westminster - all others are devolved by default.
He said: “Every single power that the Scottish Parliament has can be undermined or taken away by these proposals, every single one.”
He cited food standards, animal welfare, recycling, pesticides, minimum pricing and building standards, saying all would be affected by the UK’s “purely take it or leave it” approach.
Labour’s Alex Rowley said that if MSPs accepted that approach, it would be a “failure to stand up for the rights of this Parliament and the people of Scotland, to simply take it on the instruction of Boris Johnson”.
He also said the Tories would put the NHS on the table in trade talks if possible.
Mr Russell said the proposals would let “unscrupulous companies” got to court to demand entry to Scottish public services “because the Tories are going to allow it to happen, indeed they’re going to encourage it to happen.
Green MSP Patrick Harvie said the plans were a “profound threat to Scottish democracy” which would lead to a race to the bottom on standards.
He said: “The people in government at the bottom recognise their failed free market ideology is incompatible with strong governments that are able to regulate in the interest of the environment, public health or public services”.
Agreeing, Mr Russell: “There is a strong deregulating agenda south of the border which is designed to encourage to private profit, mostly from their friends.
“They are determined.. to drive deregulation down the throats of administrations who know that having strong public services and ensuring their effective regulation is the right way forward. As indeed right across Europe countries know that.
“The odd one out is the UK and the UK is determined to try and make sure it gets its way with Scotland and Wales and Northern Ireland, and we will not allow that to happen.”
Scottish LibDem leader said it was “deeply frustrating” that the the UK continued to be “cack-handed in its relationship with the Scottish Government”, and called for an effective dispute resolution mechanism among the four nations.
Mr Russell said he would also support such a mechanism, but the UK had failed to bring forward its plan for one, and now appeared to be relying on the courts instead.
Tory Scotland Office minister Iain Stewart said: “The UK Government is taking action to protect jobs, businesses and consumers in every part of the country. The UK internal market is vital for Scottish businesses and Scottish jobs – 60 per cent of Scottish trade is with the rest of the UK, worth more than £50 billion to Scotland. We must protect that.
“The UK Government has been clear it will not sign a trade deal that will compromise our high environmental protection, animal welfare and food safety standards.
“Our proposals respect and strengthen devolution, with scores of powers returning from the EU, going straight to Holyrood.”
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