The Scottish Government has published a paper claiming UK ministers’ actions post-Brexit have undermined devolution.
Angus Robertson said the 16-page document shows the UK Government is “imposing direct Westminster rule by stealth”.
The paper sets out the main points of constitutional disagreement between Holyrood and Westminster which have emerged since the referendum to leave the EU.
It claims there have been nine occasions where Westminster has proceeded with legislation which was refused consent by Holyrood.
The Internal Market Act (IMA) is the “most significant” of these laws, the paper says, arguing it effectively changes the powers of the Scottish Parliament.
The paper says this is “the most wide-ranging constraint imposed on devolved competence since 1999 and undermines the Scottish Parliament’s ability to make laws for Scotland in devolved areas”.
Designed to regulate trade within the UK, the IMA recently became a point of fierce controversy around the planned deposit return scheme (DRS).
UK ministers decided including glass in the Scottish DRS would create “permanent divergence” in the market, leading to the Scottish Government pushing its own scheme back to at least October 2025.
Scottish Secretary Alister Jack has denied the IMA erodes powers from the devolved assemblies, describing it as a “protector of devolution” which maintains the UK’s single market.
Constitution Secretary @AngusRobertson has published a paper setting out evidence and examples of UK Government Ministers increasing control over Scotland’s devolved powers and imposing legislation without the consent of the Scottish Parliament.
▶️https://t.co/s3PUgndiHd pic.twitter.com/XNl2Ta2iMc
— ScotGovEurope (@ScotGovEurope) June 14, 2023
Mr Robertson said: “The Scottish Parliament was set up because people in Scotland voted for it, but the Westminster Government is rolling back on that democratic process.
“Under the cover of Brexit, they are imposing direct Westminster rule by stealth and curtailing the ability of the Parliament to take decisions for the benefit of people in Scotland.”
He told the PA news agency that the Retained EU Law Bill would be the 10th time Westminster has overruled Holyrood on legislative consent.
Mr Robertson said: “I can’t think of another ‘powerful parliament’ that has been overruled nine times – now 10 times – in terms of legislative consent, that has had as much legislation blocked by central government, and has had as malign an experience as Scottish, Welsh and Northern Irish decision-making has endured since Brexit.
“There is no denying this assault on devolution is happening.”
In response to Mr Robertson’s claims, a spokeswoman for the UK Government said it is focused on making devolution work in the best way possible.
UK ministers believe the EU exit has strengthened Holyrood’s powers beyond the additional powers devolved in the Scotland Act 2016, she said.
The spokeswoman said: “The UK Government is delivering on the priorities that matter to people in Scotland and making devolution work for them.
“There is a huge amount to be done – continuing to tackle the cost of living, halving inflation and growing Scotland’s economy.
“This is where our focus should be, not constantly debating the constitutional settlement.
“The Scottish Parliament is one of the most powerful devolved parliaments in the world and our exit from the EU further increased its powers.
“We want to work collaboratively and constructively with the Scottish Government, as demonstrated by positive joint working on crucial programmes of work, like growing the Scottish economy through our City and Growth Deals and green freeports.”
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