Summary

  • The Finance and Constitution Committee takes evidence from Brexit Minister Mike Russell on the EU Withdrawal Bill

  • The Local Government Committee will take evidence from young people who have experienced homelessness

  • Justice and the law officers ministers and culture tourism and external affairs ministers take portfolio questions

  • Scottish Labour lead a debate on finance calling for income tax increases to allow more investment in public services

  • SNP MSP Linda Fabiani leads this evening's member's debate on fighting for tax jobs in HMRC centres

  1. Common frameworks should be agreed and not imposedpublished at 10:10 British Summer Time 20 September 2017

    Michael Russell

    Mr Russell says on the issue of frameworks the Scottish government accepts that some areas may require a common approach and that this should be agreed and not imposed.

    The Brexit minister says both first ministers have sent suggested amendments to Westminster yesterday.

    Mr Russell says, if these amendments are not made, there will be no legislative consent agreement but there is time to negotiate this.

  2. Brexit: Welsh and Scottish governments propose bill changespublished at 10:04 British Summer Time 20 September 2017

    The Welsh and Scottish governments have urged Theresa May to work with them to prepare the UK for Brexit.

    The call came as first ministers Carwyn Jones and Nicola Sturgeon published a series of proposed amendments to the UK government's EU Withdrawal Bill, to prevent any loss of devolved power.

    Mr Jones said: "One government cannot simply hijack powers from the other two."

    The UK government said Brexit would result in more power being devolved.

    The UK government has said the bill is needed to guarantee future trading arrangements immediately after Brexit.

    Carwyn Jones and Nicola Sturgeon want to prevent any loss of power devolved to Wales and ScotlandImage source, bbc
    Image caption,

    Carwyn Jones and Nicola Sturgeon want to prevent any loss of power devolved to Wales and Scotland

    But the Welsh and Scottish governments have objected to the idea that EU responsibilities in devolved policy areas such as agriculture should first be held at Westminster pending longer-term decisions.

    They have published 38 proposed amendments, external to the bill to protect the interests of the devolved administrations to:

    • Ensure devolved policy areas come back to the Welsh Assembly and Scottish Parliament after Brexit
    • Prevent UK ministers unilaterally changing the Government of Wales Act and Scotland Act
    • Require the agreement of the Welsh Government on necessary changes to current EU law in devolved areas after Brexit.
    • Ensure additional restrictions are not placed on devolved ministers compared with UK government ministers.
  3. Scottish government and Welsh government amendmentspublished at 10:03 British Summer Time 20 September 2017

    Brexit Minister Mike Russell says the amendments are grouped into five groups.

    Amendments 1-3 prevent the powers in the Bill to affect the Scotland Act 1998 by the UK alone he says.

    Amendments 4-6 require the consent of Scottish ministers in areas, says Mr Russell.

    The minister says another group would change the requirement for UK consent to a requirement to consult with the UK.

  4. 'We have a system that works'published at 10:00 British Summer Time 20 September 2017

    SNP MSP Ivan McKee says there are some items on the list which are "live issues" in Scotland's programme for government.

    On devolution, Mr Russell says "we have a system that works" and if that is going to be changed then there needs to be an open discussion on it.

    The Brexit minister says it is not necessary to do it this way and it is undermining devolution.

  5. Brexit: EU repeal bill wins first Commons votepublished at 09:58 British Summer Time 20 September 2017

    Media caption,

    Brexit: Government wins key Commons vote

    The government's bid to extract the UK from EU law in time for Brexit has passed its first parliamentary test.

    MPs backed the EU Withdrawal Bill by 326 votes to 290 despite critics warning that it represented a "power grab" by ministers.

    The bill, which will end the supremacy of EU law in the UK, now moves onto its next parliamentary stage.

    Ministers sought to reassure MPs by considering calls for safeguards over their use of new powers.

  6. 'There is no intention to have any barriers to trade'published at 09:56 British Summer Time 20 September 2017

    Mike RussellImage source, bbc

    Labour MSP Neil Bibby says there is a desire to protect the devolution settlement and the UK single market.

    Mr Bibby asks for reassurance that the Scottish government's amendments will not threaten this.

    He says: "There is no intention to have any barriers to trade."

  7. No trust in the current dialoguepublished at 09:55 British Summer Time 20 September 2017

    Mr Tomkins says asks if it will be sufficient to have the common frameworks as a concordant.

    Mr Russell says if an agreement is reached then the parties are bound by that, which he can accept because that is all "part of being in a club."

    The Brexit minister says there is no trust in the current dialogue and he looks forward to working with Mr Tomkins and Jackson Carlaw to move things forward.

  8. Background: Legislative consentpublished at 09:53 British Summer Time 20 September 2017

    UK, saltire and EU flag

    Under what is known as the Sewel Convention, the UK government agreed that it would "not normally" legislate on any devolved matters without the explicit consent of the devolved administrations, expressed via a legislative consent motion.

    The process involves Holyrood's presiding officer studying the wording of the motion to determine if it is competent - in 2015 then-incumbent Tricia Marwick rejected one seeking to block the Trade Union Bill from applying to Scotland - before MSPs debate and vote on it.

    However, in the Supreme Court case over the triggering of Article 50, justices ruled that the Sewell convention remains a political convention rather than a legally binding one, saying that the principle of legislative consent "does not give rise to a legally enforceable obligation".

    This means Holyrood does not have the power of veto over the legislation, but could cause significant political difficulties for UK ministers.

  9. Call for the UK government to engage in new structurespublished at 09:53 British Summer Time 20 September 2017

    Mr Russell says there would have to be a clear understanding how each government would exercise its legislative competence.

    The Brexit minister says there are structures that could be used and there could be new ones.

    He says he wishes to see the UK government engage in this and that would be a route to progress.

  10. Common framework is one where the partners agree to work together - ministerpublished at 09:50 British Summer Time 20 September 2017

    Mike Russell

    Tory MSP Adam Tomkins thanks the minister for publishing the list and sharing his concerns.

    Mr Tomkins says the minister appears to be accepting the need for some common frameworks.

    The Tory MSP asks if Mr Russell accepts that there will have to be limitations on Scotland's legislative framework which do not currently exist.

    Mr Russell says a common framework is one where the partners agree to work together on areas that are within there competence.

  11. 'Failed' JMC must not be repeated says ministerpublished at 09:45 British Summer Time 20 September 2017

    Tory MSP Murdo Fraser says there should be common frameworks at a UK level to allow the Scottish viewpoint to be part of the decision making.

    Mr Russell accepts this as part of co-decision making.

    The Brexit minister says the failed JMC (Joint Ministerial Committee) process must not be repeated.

    In August Welsh and Scottish minsters demanded the UK government reconvene a Brexit-liaison group which has not met for six months.

    The joint ministerial committee (JMC) to seek a UK-wide approach to leaving the European Union was meant to meet monthly.

  12. Not true to say 'Scotland will not lose a single power'published at 09:44 British Summer Time 20 September 2017

    SNP MSP Maree Todd says agricultural support is causing a great deal of concern in her constituency.

    Of LFASS Mr Russell says "it is utterly vital" for hill farming.

    Michael Russell

    Tory MSP Murdo Fraser asks if the minister is suggesting that some of the competence may be removed from the Scottish Parliament.

    Mr Russell says he does not think it is true to say Scotland "will not lose a single power".

    The Brexit minister says he does believe there will be a tangible and intangible loss.

  13. Economic forecaster urges clarity on post-Brexit powerspublished at 09:41 British Summer Time 20 September 2017

    Holyrood flagsImage source, PA

    Uncertainty over Brexit continues to loom over Scotland's economic recovery, according to a leading forecaster.

    The Fraser of Allander Institute (FAI) said indicators suggested the economy was improving following "an exceptionally weak last two years".

    But it warned that the Brexit negotiations remained the "greatest cloud on the immediate horizon".

    It said the economy faced severe risks if the UK government could not reach a deal with the EU.

    Read more here.

  14. Postpublished at 09:40 British Summer Time 20 September 2017

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  15. 'There is no indication the UK government does not wish to re-reserve these powers'published at 09:39 British Summer Time 20 September 2017

    Mr Russell says the list illustrates areas where there are bafflement as to what is on it and areas where there is genuine disagreement, as there is on fracking.

    The Brexit minister says there is also a very long list of legal matters that "for the life of us we cannot understand why they are there".

    Tory MSP Adam Tomkins asks when the list was given to the Scottish government.

    Mr Russell says early July.

    Mr Tomkins says this is not a list of things to be re-reserved.

    Mr Russell says there is no indication the UK government does not wish to re-reserve these powers.

  16. List 'came out of the blue' says Brexit ministerpublished at 09:37 British Summer Time 20 September 2017

    Brexit Minister Mike Russell says people have heard enough from him in recent weeks and he is happy to go straight to questioning.

    Committee convener Bruce Crawford says he has been surprised by some of the detail on the list and why areas such as forestry and fracking would not automatically come under the responsibility of the Scottish Parliament.

    Brexit Minister Mike Russell

    Mr Russell says there has been no discussions on the list because it "came out of the blue".

    He says it took the Scottish government by surprise and it appears to be a list of where framework may be agreed.

    The Brexit minister says forestry is devolved as well as fracking so he cannot understand why the framework for these powers would not be the responsibility of the Scottish government.

  17. And we're off........published at 09:32 British Summer Time 20 September 2017

    Michael RussellImage source, bbc

    Finance and Constitution Committee convener Bruce Crawford welcomes Brexit Mnister Mike Russell and his officials to the meeting.

  18. Analysis: History and Henry VIII at Holyrood in Brexit consent debatepublished at 09:29 British Summer Time 20 September 2017

    Brian Taylor
    BBC Scotland Political Editor

    Chamber
    Image caption,

    Mike Russell reached for a historical analogy while addressing MSPs about Brexit legislation

    Scotland's Brexit Minister is Mike Russell. Perhaps he might be more accurately characterised as the anti-Brexit Minister or the Minister for Mitigating Brexit.

    Either way, Mr Russell is a cultured individual, a prolific author indeed. He has a keen interest in Scotland's cultural, social and political history.

    So it was no surprise that Mr Russell reached for an historical analogy when delivering a statement to Holyrood on the latest Brexit developments.

    The UK government's approach to Scotland was, he said, a modern version of the "rough wooing". Remember? The dating scheme pursued by Henry VIII?

    Read more here.

  19. Background: Conservatives want deal with Scottish government over Brexit bill changespublished at 09:28 British Summer Time 20 September 2017

    Jackson Carlaw

    The Scottish Conservatives want to strike a deal with Scottish ministers over their concerns about Brexit.

    The Scottish government is seeking changes to the legislation for taking the UK out of the European Union.

    Jackson Carlaw, deputy leader of the Scottish Tories, told the BBC he wanted to see if his party was able to support any of those amendments.

    Scottish Brexit Minister Mike Russell said if changes could be agreed that would be a "step forward".

    He is due to meet with Mr Carlaw, and Tory constitution spokesman Adam Tomkins, later this week to discuss concerns over the EU Withdrawal Bill.

    Read more here.

  20. Background: No Holyrood consent for Brexit bill 'at this time'published at 09:24 British Summer Time 20 September 2017

    Media caption,

    Scottish government seeks to amend Brexit bill

    The Scottish government will not ask Holyrood to give consent to the EU Withdrawal Bill in its current form.

    Brexit minister Mike Russell told MSPs that the legislation posed a threat to the founding principles of devolution.

    The Scottish government said there will be no consent motion for MSPs to vote on "at this time", and it will instead seek to amend the bill.

    The UK government has insisted that Holyrood will see "significant" new powers devolved after Brexit.

    Talks between the two governments over post-Brexit powers for Scotland ended in stalemate in August, although more are expected to be scheduled.

    Read more here.