UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill: Stage 1

Part of the debate – in the Scottish Parliament at on 7 March 2018.

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Photo of Michael Russell Michael Russell Scottish National Party

I have just quoted to the member the view of the Delegated Powers and Law Reform Committee about the exceptional nature of the circumstances that are not of our making. I do not wish to leave the EU. Many people in this chamber do not wish to leave the EU. We would be happy not to have to do this. However, in the circumstances that have been created, we must make a reasonable response, and we have made sure that that response will be scrutinised more by this Parliament than the response of the UK Government will be. We are open to further discussion, debate and amendments. I have made that clear, and I look forward to debating in detail the amendments that are lodged, within the confines of the fact that this is a job that has to be done. I do not want to see it done. I would rather not leave and Mr Rumbles would rather not leave, but within the confines of what has to be done, we have some pressures upon us.

There are two aspects of the powers that I also want to mention. First, the bill allows ministers to fix deficiencies in EU law that is directly applicable in devolved areas. Members will be aware that one of the criticisms of the UK bill is that it would allow only UK ministers to fix such deficiencies. Secondly, the bill requires UK ministers to seek the consent of Scottish ministers if they wish to exercise their powers in the UK bill in devolved areas. Again, that point was made by the Delegated Powers and Law Reform Committee and the Finance and Constitution Committee. It also illustrates how the continuity bill has been drafted to work alongside the UK bill. Our intention remains to work closely with the UK Government on the necessary secondary legislation flowing from Brexit, whatever the eventual primary legislative arrangements. That would include consenting to UK-wide orders touching on devolved matters, where that is the best course of action. Any such proposals would be subject to the scrutiny of the Scottish Parliament.

The final aspect of the bill that I want to touch on is the keeping-pace power in section 13. There are likely to be fields where we will want, at least in the short term, to maintain regulatory alignment with EU rules. That will mean choosing to keep pace with developments in a particular field of regulation after UK withdrawal; for example, continuing to apply new and developing rules about food safety, which are updated regularly and without which many people, such as those in my constituency who export live shellfish, would not be able to operate.

The Scottish Government is clear that that approach is part of a coherent continuity of law and therefore a power properly in the bill. The power will be sunsetted after five years, with the possibility of extension by affirmative order. Given the considerable uncertainty about events, the Government considers that that is a prudent approach. The discussion of any extension will take place against the backdrop of any longer-term arrangements that will then be in place, including agreements with the EU for market access, and with the knowledge of the actual use that has been made of the power over that period.

I am aware of criticisms of that provision and I am happy to discuss possible changes to address them, but I believe that it is a crucial power in minimising disruption from Brexit and providing a coherent continuity of law over the next few years. We hear a great deal about regulatory alignment, and there needs to be something in the bill that allows that to take place.

I said at the start of my remarks that I remain regretful that we still need to carry on with this bill. I should also say that that regret is now mingled with some admiration for the way in which many members of this Parliament have reacted to what are challenging circumstances and continue to react to them. Those circumstances are not of our making, but we need to make the best of them. I am confident that the bill will receive extensive scrutiny in the time available. The Government should and will find that a challenging process, and we will face up to it. The first step is taken today. I therefore invite the Parliament to agree to the general principles of the continuity bill in the motion in my name.

I move,

That the Parliament agrees to the general principles of the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill.