Ministers introduce new EU law continuity bill

A second bill to try and keep Scots law aligned with EU law after the end of the Brexit transition period has been introduced at Holyrood by Scottish ministers.

The UK Withdrawal from the European Union (Continuity) (Scotland) Bill is a separate legislative exercise from the bill that was ultimately found by the UK Supreme Court to be beyond the Parliament's powers under the Scotland Act, largely due to amending legislation passed at Westminster while the bill was in progress.

It covers three main areas:

• Part 1 provides for a discretionary power which will enable Scottish ministers to align devolved Scots law with EU legislation following the end of the transition period, by making regulations corresponding to EU regulations or decisions. The power lasts for a 10 year period after the bill comes into force; with some exceptions requiring the affirmative procedure in the Scottish Parliament, regulations will be subject only to the negative procedure. Ministers must report annually to the Parliament on how their powers have been used.
• Part 2 makes replacement arrangements for EU environmental principles and governance, to ensure that there continue to be guiding principles on the environment in Scotland which ministers must follow, after the end of the transition period. It sets out principles deriving from EU law, which can be amended by regulations subject to the affirmative procedure in the Parliament. This part of the bill is not time limited.
• To further this, a new governance body, Environmental Standards Scotland, will be established to replace the system of environmental governance provided by the EU institutions which will be lost at the end of transition. Its powers will include the ability to investigate the effectiveness and delivery of environmental law by public authorities and whether authorities are failing to comply with environmental law, and to take enforcement measures including through improvement reports and plans, and compliance notices.

Constitution Secretary Michael Russell said: "The overwhelming majority of people in Scotland have consistently said they want to be in the EU and, despite Brexit, we are doing everything we can to stay close to our European partners.

"It is completely unacceptable that Scotland has been taken out of the EU but this bill will enable us, in devolved areas at least, to keep pace with Europe, when appropriate and practicable to do so."

He added: "The bill’s proposals on environmental principles and governance will also help us to maintain high standards, in line with the EU, in Scotland. These important measures complement our Environment Strategy for Scotland vision, published in February, to help us as we protect and restore Scotland’s natural environment and strive to live within our planet’s sustainable limits."

Click here to access the bill and related papers.