Government taking control from Scottish Parliament

A new report by the Scottish Government has argued that the Scottish Parliament’s devolved powers are being eroded by the government following the 2016 Brexit vote.

The After Brexit paper sets out how: the Scottish Parliament’s views on Brexit have been ignored by the UK government; terms of reference designed to agree Brexit negotiating objectives among the UK’s four governments were disregarded; the UK government and Parliament now regularly legislate in devolved policy areas and adjust the powers of the Scottish Parliament without the consent of the Scottish Parliament; and UK government ministers have taken powers to spend in devolved areas.

Most notably, the recently passed UK Internal Market Act allows the UK government to in effect impose standards in a large number of areas that are devolved. The report sets out that this means the Scottish Parliament could have its hands tied if it wants to stop the sale of hormone injected beef, regulate food content to prevent obesity or ban single-use plastics to protect the environment.

Constitution Secretary Michael Russell said: "Devolution has helped to move Scotland forward, building on the fundamental principle that the Parliament and Government elected by the Scottish people should make decisions for Scotland. But since the Brexit vote there has been a systematic attack on the Scottish Parliament’s powers, fundamentally undermining devolution.

“Bit by bit, the settlement that secured 74 per cent support in the 1997 devolution referendum, is being unpicked under the cover of Brexit and without the consent of Scottish people. This is not a big bang abolition – it is instead the slow demise of devolution in the hope that no-one will notice.

“The UK government has signalled its desire is to ‘undo’ devolution and it is now repeatedly using its majority at Westminster to impose laws in devolved policy areas. Most alarming of all, the Internal Market Act has substantially weakened the Scottish Parliament’s powers.

“The Act is going to have a very real impact on everyone in Scotland. The Scottish Parliament’s ability to ensure high levels of food standards and stop the sale of single-use plastics could be rendered obsolete - undoing devolution and undermining Scotland’s ability to directly shape its future.

“UK government ministers also now have the power, at a stroke of their pen, to subject Scotland’s NHS to the market access principles the Act introduces. That is why we will continue to resist the damaging effects of this Act in every way possible, and why we are bringing forward an independence referendum Bill – to keep Scottish powers in the hands of the Scottish people.”