'Devolution is at risk', warns Angus Robertson, as Parliament votes against bonfire of EU laws

Holyrood voted to restate its opposition to the EU Retained Law bill.

Devolution is at risk due to a planned Bill that would see the scrapping of swathes of laws inherited from the UK’s membership of the European Union, MSPs have said.

MSPs on Thursday voted for a Scottish Government motion restating Holyrood’s opposition to the EU Retained Law Bill, following the Welsh Senedd’s voting in the same way on Tuesday.

Angus Robertson, the Cabinet secretary for the constitution, said the Bill represented a “further example of UK ministers’ growing control over Scotland” and an attack on the devolution settlement.

Minister for the Constitution, External Affairs and Culture Angus Robertson in the main chamber at the Scottish Parliament

The Scottish Conservatives were the only party to vote in support of the Bill, stating the concerns about the legislation were being “overplayed”.

Some within the SNP view the Bill, which will lead to the UK Government scrapping certain EU laws by the end of the year, as a way to further undermine devolution.

They argue the use of the Internal Market Act by the UK Government, twinned with the loss of EU standards, could lead to further interventions by Westminster and further breaches of the Sewel Convention.

The UK Government points at the ‘preservation power’ in the Bill, which allows devolved parliaments to avoid the revocation of laws within devolved competence.

Mr Robertson said: “This continues an alarming pattern where the UK Government asks the Scottish Government and MSPs for permission to pass laws in devolved policy areas with no intention of acting on, or even listening to, the views of the Scottish Parliament.

"It is a further example of UK ministers’ growing control over Scotland and demonstrates the UK Government will legislate in devolved matters whenever it wants.

"In this instance I received a letter from the UK Government on the afternoon of Friday, May 19 seeking consent. Less than eight working hours later, on Monday, May 22, the Lords Bill minister Lord Callanan said that the UK Government intended to proceed with the Bill without the consent of the Scottish Parliament and the Welsh Senedd.

"Clearly any acknowledgement of due parliamentary process in respect of devolution is only for show. As well as the risk to devolution, the risks of divergence from the high standards the people – and businesses – of Scotland experienced and benefited from when the UK was an EU member state, are a key concern and therefore this reckless Bill should be withdraw.”

A UK Government source accused the SNP of manufacturing constitutional grievance, building on similar approaches to the deposit return scheme and gender reforms.

They said: “The SNP wanted the sunset clause removed. It had been removed, yet they still want to manufacture constitutional grievance. The Scottish Government has the powers to remain aligned with EU legislation or make changes as it sees fit."

However, criticism of the Bill is cross-party. Neil Bibby, the Scottish Labour constitution spokesperson, said the UK Government pressing ahead with the Bill was the “wrong approach”.

He said: “This Bill poses a significant threat and risk to devolution. It will mean a large-scale deregulation and a race to the bottom and its enactment will result in a weakening of rights awarded through 47 years of EU membership.”

Scottish Liberal Democrat MSP Willie Rennie also labelled the Bill “completely unnecessary”, adding “it is not required, it threatens environmental protections and it lacks parliamentary oversight”.

Donald Cameron, the Scottish Conservative constitution spokesperson, said: “I do believe that the dangers of this Bill continue to be overplayed by the Scottish Government."

A UK Government spokesperson said: “We will continue to work with the Scottish Government to ensure people and businesses right across the UK benefit from a smarter, home-grown regulatory framework – such as the Edinburgh Reforms of financial services.

“The REUL Bill is ending the supremacy of EU law and improving UK regulation, giving businesses the freedom to do what they do best – sell innovative products, create jobs and grow the economy – whilst upholding our high standards and keeping important protections and safeguards in place.”

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