Holyrood should not consent to the Northern Ireland Protocol Bill, the Scottish Government has recommended.
External Affairs Secretary Angus Robertson said the legislation risks provoking a “disastrous trade war” with the European Union at a time where people are struggling with the cost of living and a looming recession.
The UK Government introduced in the Bill to “fix parts of the Northern Ireland Protocol” in the wake of Brexit, with ministers claiming the legislation would help “protect the Good Friday Agreement”.
Consent is required from the Scottish Parliament for legislation relating to a devolved issue, and a motion must be passed in order for it to proceed.
MSPs at Holyrood already passed a motion in June urging the UK Government to withdraw the Bill and restart talks with the EU.
However, Mr Robertson admitted that Westminster could still push ahead with the proposals even without consent from the Scottish Parliament after the convention was “repeatedly ignored” post-Brexit.
Mr Robertson said: “Over the past few months we have been stressing the potentially dreadful impact on people and businesses across Scotland of the UK Government’s decision introduce this Bill which will unilaterally tear up parts of the agreement it reached with the EU.
“We cannot recommend legislative consent for a Bill that will compound the damage of Brexit on Scotland’s economy and risk a disastrous trade war with our fellow Europeans at the worst possible time with people struggling with the cost of living crisis and the UK is forecast to enter recession.
“The Bill could be deemed to break international law. The EU are already in the process of taking forward legal proceedings against the UK Government and there is a risk of further legal activity.
“We understand that the EU is actively developing options for imposing trade restrictions such as tariffs on the UK and these too will be passed onto the people of Scotland.
“We are aware that fines could also be imposed on the UK. It is the people and businesses in Scotland and across the UK who will suffer as they will ultimately be expected to foot the bill.”
The SNP MSP added: “The UK Government has formally asked for consent for the Bill but sadly since Brexit has repeatedly ignored the important convention that they should not normally legislate in devolved matters without the agreement of the Scottish Parliament.
“This is an opportunity for them to show, at last, that they will respect that convention and not ride roughshod over the Parliament’s wishes.”
An FCDO spokesperson said: “The Protocol is causing serious economic and political problems in Northern Ireland that need to be fixed.
“The Northern Ireland Protocol Bill will fix the problems the Protocol has created, protect the Belfast (Good Friday) Agreement, and safeguard the EU single market.
“Our preference remains for a negotiated solution, however the EU’s proposals do not go far enough to address the full range of issues in the Protocol.”
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