Mike Russell: UK Government ‘struggling to counter charge that they are conducting a power grab’

The UK Government is “struggling to counter the charge that they are conducting a power grab on the Scottish Parliament”, Scotland’s Brexit minster Mike Russell said following a meeting of the Joint Ministerial Committee (JMC).

The two governments failed again to reach agreement over the devolution of powers returned to the UK after Brexit at a meeting of the committee yesterday.

Russell said it was “deeply disappointing” that the UK Government had not brought forward any new proposals.

The discussion centres on areas such as agriculture and the environment that are devolved but have been partly controlled by the EU.

There is consensus that some UK-wide arrangements will need to be made, but the Scottish and Welsh governments are concerned that these may be imposed by removing powers that are currently devolved.

The UK Government has produced a list of area where it believes common policies are needed, but it has not made that public or shared it with the Scottish Government.

Russell said: “We are clear that the EU Withdrawal Bill must be amended so that the devolution settlement cannot be changed without the consent of the Scottish Parliament.

“That is why we said to the UK Government that if we can agree the areas where UK-wide legislative frameworks may be required after Brexit and if it is also agreed that consent to the necessary parliamentary orders will be required from the Scottish Parliament in each case, then we would take steps to reassure the UK Government that Scotland would not unreasonably withhold that consent.

“With regard to the list of powers, it is completely unacceptable that the UK Government said at the meeting today they have drawn up a new list of powers, including ones they say are reserved, that had not previously been shared or discussed with the Scottish or Welsh governments.

"We have not agreed this list but in the interests of transparency we do not object to it being published – but that is for the UK Government, as it is their document.

“It now seems that the UK Government has admitted it is struggling to counter the charge that they are conducting a power grab on the Scottish Parliament – and no wonder.”

He added: "Right now we are being asked to sign away the Parliament’s powers with no idea of how UK-wide frameworks will work, how they will be governed and how we will go from the temporary restrictions the UK Government wants to agreeing longer term solutions.

"We can't allow that to happen.”

UK Cabinet Office minister David Lidington said: “The UK Government has a proven track record on devolution, our amendment is reasonable and we have moved a considerable way on it.”

Earlier this week the Scottish Government’s continuity bill passed the first stage.

The bill covers the repatriation of EU powers to Scotland in case an agreement is not reached with the UK Government to back the UK Government's EU Withdrawal Bill.