The Scottish and Welsh governments have today jointly published
amendments to the European Union (Withdrawal Bill), to prevent
the UK Government taking control of devolved policy areas.
First Ministers and have written to the Prime
Minister saying the amendments are necessary to respect the
hard-won devolution settlements.
Both governments have said they could not recommend giving
consent to the withdrawal bill unless it is substantially
changed.
The amendments wil achieve the following objectives:
- Ensure devolved policy areas come back to the Scottish
Parliament and National Assembly of Wales on withdrawal from the
EU.
- Prevent UK ministers unilaterally changing the Scotland Act
and Government of Wales Act.
- Require the agreement of the Scottish Government on necessary
changes to current EU law in devolved areas after Brexit.
- Ensure additional restrictions are not placed on devolved
ministers compared with UK Government ministers.
The Minister for UK Negotiations on Scotland’s Place in Europe,
, said:
“The Scottish Government is opposed to Brexit, in line with the
overwhelming views of the people of Scotland. However, we must
prepare for that eventuality, and in particular make sure that a
functioning set of laws are in place after March 2019 when the UK
is due to leave.
“We have said we are willing to co-operate with the UK Government
but this cannot mean allowing Westminster to drive a coach and
horses through the devolution settlement. At present that is what
the EU (Withdrawal) Bill does. The UK Government will take
control of all policy areas exercised at EU level, whether they
are devolved or not.
“That is why the First Ministers of Scotland and Wales have
described this bill as a naked power grab.
“We have made it repeatedly clear that we are not opposed in
principle to UK-wide arrangements, but devolved policy areas must
come back to the Scottish Parliament, where they properly lie,
and then we can work towards an agreement.”
Mr Russell has also written to the Scottish Parliament’s Finance
and Constitution Committee with a list of more than 100 policy
areas drawn up by the UK Government, which show the potential
scale of devolved policy areas that could be controlled by the UK
Government if the EU (Withdrawal) Bill is not amended.
Mr Russell said:
“The list represents an initial assessment by the UK Government
of where it believes that EU competences intersect with
devolution and which therefore would be affected by the
restrictions in the Bill.
“We were taken aback by the size of the list that was presented
to us, but it shows the scale of what is at stake.
“They represent control over agriculture, fisheries,
environmental regulation, relations between Scotland’s
independent legal system and our European counterparts, State Aid
and many more.
“It is perfectly possible for UK-wide frameworks to be agreed,
but they must not be imposed by the UK Government with no respect
for the founding principles of the devolution settlement.”
Background:
The UK Government’s list of devolved areas affected includes:
- Agricultural Support
- Fisheries management and support
- Genetically modified organisms - rules on protection of
human health and the environment
- Fracking licensing
- Environmental regulation
- Europol
- Land use
- Rail franchising rules
- Public sector procurement
- State Aid
- Forestry
