Scottish and Welsh governments propose EU Withdrawal Bill amends

The Scottish and Welsh governments have jointly published amendments to the European Union (Withdrawal Bill) that they say will prevent the UK Government taking control of devolved policy areas.

First Ministers Nicola Sturgeon and Carwyn Jones have written to Prime Minister Theresa May saying the amendments are necessary to respect devolution settlements.

Both governments claim they could not recommend giving consent to the withdrawal bill unless it is substantially changed.  

The amendments aim to:
• Make sure 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
• Make sure additional restrictions are not placed on devolved ministers compared with UK Government ministers.

The Minister for UK Negotiations on Scotland’s Place in Europe, Michael Russell, 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.

Mr Russell has 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.

He added:“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.”