The Scottish Government has recommended that the Scottish
Parliament refuse consent for two Bills being introduced by the
UK Government.
Trade Minister has said the UK Procurement
Bill and the Trade (Australia and New Zealand) Bill would
currently allow UK Ministers to legislate in matters that are
devolved to the Scottish Parliament, including implementing trade
agreements in Scotland without the scrutiny of MSPs.
Legislative Consent Memorandums have been lodged in the Scottish
Parliament, recommending that MSPs refuse consent for both Bills
in their current form as they undermine the devolution settlement
and the agreed ways of working across the UK following the UK’s
exit from the European
Union.
The UK Government has previously ignored similar concerns about
its Professional Qualifications Act 2022, despite the clear
refusal of consent to that legislation by the Scottish
Parliament.
Mr McKee said:
“Once again we were not consulted by the UK Government before the
introduction of proposed legislation that as currently drafted,
bypasses the Scottish Parliament and undermines Scotland’s
powers. That is deeply disappointing, but sadly no longer
surprising.
“Scottish Ministers cannot recommend consent for these two Bills
as they disregard the role of the Scottish Parliament and
Government - a role enshrined in statute in the devolution
settlement – but we have made it clear to UK ministers that we
are prepared to work with them to resolve these issues urgently.
The UK Government’s approach continues to undermine devolution,
to renege on promises made ahead of the EU referendum and puts at
risk Scotland’s economic interests and needs.”
BACKGROUND
The Procurement Bill gives UK Ministers powers to amend devolved
Scottish procurement legislation without the consent of the
Scottish Parliament in relation to cross-border agreements and
future international agreements. The Legislative Consent
Memorandum can be read online.
The Trade (Australia and New Zealand) Bill gives UK Ministers
powers to implement the procurement aspects of international
trade agreements between the UK and Australia and the UK and New
Zealand, including in Scotland where this is
devolved. The Legislative Consent
Memorandum can be read in full online.
Mr McKee has written
to , the
UK Minister of State for Brexit Opportunities and
Government Efficiency, to express Scottish
Ministers’ significant concerns over this legislation and to urge
Ministers to work with the Scottish Government to resolve these
issues.
Earlier this year the Scottish Parliament
refused legislative consent to similar provisions in the UK
Professional Qualifications Bill. However, the UK
Government did not bring forward amendments to reflect the views
of the Scottish Parliament, as it should under the Sewel
Convention, and the Bill was passed unchanged by the UK
Parliament.
The Scottish Parliament and its
Committees will now consider the Ministers’ recommendations and
publish a report on each Bill.
