So frightful that much of Scotland’s east coast and central belt was under a red weather warning from the MET Office this week; the Scottish Parliament even cut short it’s session on Thursday.
MSPs did manage to discuss the snappily titled “UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill.” The essence of the Bill is to assert control over “powers” repatriated to the UK from the EU for the Scottish Government. The bill is the latest move in a sustained campaign of pressure on the UK Government over Brexit. Anything currently under the control of the EU that relates to a devolved competence is demanded by Scotland (Wales have similar arguments).
When the UK leaves the EU, the Scottish Government argue that if powers don’t immediately come to Scotland that amounts to a “power grab” by the UK government. The effect is most obvious in issues like fishing where the EU manages quotas and fishing rights. The EU manages an EU-wide system which more or less makes sense because what happens in one country impacts the neighbouring countries. The UK government argues that post Brexit there remains a need for UK scale co-ordination. In the immediate aftermath of Brexit and while arrangements are put in place, the UK Government believe that should be their job.
In practical terms the Scottish Government don’t propose to alter any of the repatriated powers or change any regulatory effect in the short term they will continue as before. Most importantly they don’t want anyone else to have them.
The bill itself is a curiosity with Presiding Officer (former Labour MSP) Ken Macintosh ruling that the bill falls outside (ultra vires) the competence or powers of the Scottish Parliament because it relates to matters under the control of the EU. Mr Macintosh said the bill "anticipates the impact of the withdrawal of the United Kingdom from the European Union", and "assumes that the parliament can make provision now for the exercise of powers which it is possible the parliament will acquire in the future".
For the first time in the Scottish Parliament’s brief history, the Scottish Government are pressing ahead with a bill against the advice of the Presiding Officer, setting up some potentially interesting questions down the line, specifically, is the bill open to legal challenge, and will it be given Royal Assent?
The Lord Advocate, James Wolffe, helpfully came to the parliament on Wednesday where he wouldn’t answer “hypothetical questions” about legal challenge but did argue that the Scottish Government have anticipated the problem the Presiding Officer raised and believe that their careful drafting has overcome it. He told the Parliament, "The bill does nothing which will alter European Union law, or which undermines the scheme of EU law, while the United Kingdom remains a member of the EU."
So as Dean Martin never sang
The weather outside is frightful,
The bill drafting was quite delightful,
And since we’ve no place to go,
Let us vote! Let us vote! Let us Vote!