Leaving the EU: Scotland and Wales Continuity Bills
Debate between Pete Wishart and Jeremy Wright(6 years ago)
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The Attorney General
The SNP sought, as part of the European Union (Withdrawal) Bill, to impose requirements that Scottish Ministers would be able effectively to veto the process of dealing with incompatible EU law after the point of exit. They returned to that, as they are entitled to do, in the course of passing their own continuity Bill in the Scottish Parliament. The difficulty we now have is that in our view the methods they have chosen raise very real questions as to whether in doing so they exceeded the competence of the Scottish Parliament. That is what the Supreme Court, if necessary, will need to resolve.
Pete Wishart (Perth and North Perthshire) (SNP)
This is quite extraordinary. There is only a question about this legislation because the Tories have chosen to question it. They have been democratically defeated in the Scottish Parliament by an overwhelming majority and are now showing their utter contempt for Scottish democracy by seeking to have that democratic decision overturned in the courts. First the power grab, now this. Is it any surprise that the Scottish people will never, ever trust the Scottish Tories with the future of our national Parliament ever again?
The Attorney General
I think we will pass over, because it will take too long, how anyone can define as a power grab a situation where one at least retains powers already devolved and probably has a lot more. Leaving that to one side, there is no contempt here—quite the reverse. As I said, what is happening is entirely within the devolution settlement set out in the Scotland Act and the Government of Wales Act. That is what we are doing to resolve what I would have thought sensible members of the SNP would accept is an undeniable controversy. There is more than one view on competence. That is apparent, because the Presiding Officer of the Scottish Parliament did not just say that there were questions; he concluded that those questions could be answered only by saying that the Bill was not within competence.