Finance and Constitution Committee co-convener Adam Tomkins begins with some thank yous, which he says are customary but are actually sincere in this case!

In particular, he offers thanks to Finance and Constitution Committee convener Bruce Crawford.

It is core to our system of devolution that Westminster will not legislate on devolved matters without the consent of the parliament, Mr Tomkins says.

This is a binding rule of constitutional behaviour, he notes, though this cannot be enforced in courts.

He states both governments acknowledge Clause 11 must be removed or replaced.

Brexit Minister Mike Russell says Clause 11 "has not changed a jot or a tittle."

Another week another biblical reference from Mr Russell:

From the King James Bible at Matthew 5:18: "For verily I say unto you, Till heaven and earth pass, one jot or one tittle shall in no wise pass from the law, till all be fulfilled"

Mr Russell says the Scottish government is still hoping for compromise, but says it has to prepare for the worst.

Image source, Getty Images

He says the EU Continuity Bill must be prepared, but he stresses again he would prefer compromise with the UK government

Mr Russell says legislative consent has only been refused once and that was for the Welfare Reform Bill in 2011.

That refusal was opposed by the Lib Dems and Tories, so the unanimous refusal of legisaltive consent to the EU Withdrawal Bill would make it unique.

Brexit Minister Michael Russell begins his closing speech by stating an LCM would be a compromise, not an endorsement of Brexit.

He reiterates the Scottish government's position that a good Brexit is not possible.

Turning to the failure to alter Clause 11, the minister says "Neil Findlay was right about this," (followed by chuckles across the chamber).

He states it was a political failure, not an issue of time.

Tory MSP Donald Cameron says his party feels "bitter disappointment" that the amendments were not brought forward in the House of Commons.

However, he expresses confidence that a consensus will be reached between the two governments.

He highlights any amendments made in the Lords will also be fully debated in the Commons and criticises the suggestion that it would lead to a "democratic deficit".

The Scottish government's continuity bill is criticised and Mr Cameron states it would be a "legal minefield".

"Devolution is about dialogue and to that end we would like to see Clause 11 amended."

Image source, Reuters

The SNP has accused Scottish Conservative MPs of acting as "lobby fodder" for the UK government over its Brexit bill.

The Scottish Tories have been highly critical of delays to the UK government's timetable for amending the bill to take account of devolution.

But all 13 Scottish Conservative MPs opposed amendments put forward by Labour in the Commons last Tuesd

The Bill has now left the Commons and goes to the Lords.

The Scottish and Welsh Governments have said they cannot recommend the bill is granted consent in its current form, as it would see EU responsibilities in devolved areas initially transferred to Westminster.

This has been viewed as a power grab by critics, with the UK government previously promising to introduce changes to address such concerns during report stage in the Commons.

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Labour MSP James Kelly says there has been a failure to come up with a proper legal solution to Brexit.

Mr Kelly says the presumption should have been that powers that were currently devolved should have remained devolved.

However, he says Clause 11 undermined the devolution principle as powers will go from the EU to Westminster for an indeterminate time.

He says this might create a constiutional crisis.

It is a serious error to allow the amendment of Clause 11 to pass to the House of Lords, Mr Kelly says.

SNP MSP Kate Forbes says she found the committee's report vastly heflpful in casting a light on the murky complexities of the EU Withdrawal Bill.

Ms Forbes details a litany of, what she sees as broken, Brexit promises before, during and after the referendum.

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She says convenience rather than principle have charecterised much of the Brexit process.

The SNP MSP says she does not fancy the volume of work that will come up the road to Holyrood on the back of Brexit.

The UK government must work more closely with the devolved nations, says Ms Forbes.

Adam Fleming
Brussels reporter

"Where are your cameras? joked Michel Barnier when I bumped into him the other day, "I'm a bit disappointed there aren't any."

Me too, Michel. Me too.

The last few weeks have been like "dry January" for Brexit-watchers.

Image source, Getty Images

Last year the EU chief negotiator and Britain's Brexit Secretary David Davis met at least once a month from June onwards.

Things went up a gear in the weeks before EU leaders met for a summit in December to judge if enough progress had been made in talks about the divorce to move on to discussions about the future relationship with the UK.

And then… nothing.

But things have been happening. Just not in public.

Continue reading here.

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Small and medium-sized businesses may be worst affected when the UK leaves the EU, new research suggests.

The study by academics at the University of St Andrews looked at the potential impact of Brexit on SMEs.

Said to be the first study of its kind, it draws on information gleaned from a UK government attitude survey of about 10,000 firms.

A UK government spokesman said it was "engaging extensively with businesses and organisations across the country".

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Scottish Lib Dem MSP Willie Rennie says the problem of Clause 11 is not that big as the problem is not based on principle but convenience.

Mr Rennie says his big concern is time is really running out.

"We've still not, through all that time, seen how Clause 11 could be amended to the satisfaction of all the players."

It is disappointing that the amendments are being left to unelected Lords, he says.

Mr Rennie urges the UK government to get the amendments published quickly, to avoid being bounced by design or error into chaos.

Arguing the UK government is ignoring the devolution settlement, Patrick Harvie says there is no justification for the approach set out in the bill.

As an example, he points to fisheries which he says has been fully devolved, but cooperation and collaboration between the two governments gave rise to a UK-wide framework where required.

Mr Harvie suggests there are two factors steering the UK government's approach: a "power grab" by the hard right under a prime minister without authority; and a "fundamental misunderstanding" about what the UK is.

He concludes by arguing the bill cannot be "salvaged", not in the Lords and not in the Commons.

Image source, Reuters

Scottish Green co-convener Patrick Harvie says he despises everything about this situation, particularly the loss of freedom of movement.

Labour has the power to transform this debate and protect membership of the single market, he says.

The people of Scotland voted to remain in the EU, Mr Harvie says, before criticising the UK government's approach to the withdrawal process.

He suggests there should be flexibility within the withdrawal process to allow Scotland to retain a close relationship with the EU.

Image source, Getty Images

Brexit could reduce business investment in Scotland by £1bn by 2019, the Scottish government's chief economist has warned.

While Scotland's economy was expected to grow in 2018, the paper by Gary Gillespie highlighted a number of areas of concern.

He said uncertainty over Brexit could harm investment and result in unemployment increasing by 0.8% by 2019

Another impact could be reduced GDP growth, the report suggested.

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The Delegated Powers and Law Reform Committee, external convener Graham Simpson highlights the report the committee produced on the Legislative Consent Memorandum on the Euroepean Union (Withdrawal) Bill, external.

Mr Simpson says the Commitee felt the powers as drafted are currently to0 wide.

The committee was concerned about UK ministers not needing consent before passing laws on devolved matters.

He calls for the Scottish government to also have to be held to account for withholding consent.

Labour has six key tests on Brexit, Neil Findlay says.

These are:

• Establishing a strong future relationship with EU
• Maintaining links with the single market and customs union
• Ensuring there is a fair migration system in interest of economy and communities
• Retaining "hard-won" rights
• Protecting national security
• Delivering for all nations and regions

We will work collaborative to achieve this, Mr Findlay says.

Despite "chummy chats" between Scottish Conservative leader Ruth Davidson and Prime Minister Theresa May, Ms Davidson has no influence, Mr Findlay concludes.

Image source, PA

Mr Russell says the SNP backed the Labour amendment and it was a pity the Tories did not take cognisance of that.

Labour MSP Neil Findlay says the Scottish Tory MPs folded like a pack of cards under pressure and voted against the devolution settlement.

He asks what explanation Murdo Fraser got from the Scottish Secretary for this.

Tory MSP Adam Tomkins says there has been no change of direction, just one of timing, as now there will be an amendment in the House of Lords

Labour MSP Neil Findlay says the report aims its criticisms at the "abject failure of the UK government" to alter Clause 11.

He suggests commitments made by UK Scottish Secretary David Mundell on amending the bill appear to be nothing more than "bluster".

Clause 11 is not fit for purpose, he says.

"Like it or loathe it," he says, "Brexit came about because of a democratic process."

Now, unelected peers in the House of Lords will have a greater say on Clause 11 that elected colleagues, he adds.

This is not tolerable, argues Mr Findlay.

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Mr Fraser says it makes sense that food standards are uniform across the whole of the UK.

The Tory MSP says there are issues to be sorted around disupte resolution around common frameworks.

Scottish Green Party co-convener Patrick Harvie says that every committee at Holyrood has seen UK ministers ignore invitations to give evidence.

Mr Harvie says Holyrood must have the power to say no on common frameworks.

Mr Fraser says it looks like the government's are agreed on the common frameworks going forward.

He says the UK government accepts the EU Withdrawal needs to be changed.

Tory MSP Murdo Fraser says the issue is serious, controversial and potentially subject to severe party political opinions.

He therefore welcomes the positive tone of the debate so far.

The Tory MSP notes the UK government's belief that Clause 11 does not detract from the devolved settlement, with which the Scottish government, Welsh government and indeed the Finance and Constitution Committee disagree.

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Mr Fraser notes a number of recommendations on resolving this were offered to the committee, including having a sunset clause on Clause 11.

Common frameworks were the most recommended solution where there is a strong argument for UK-wide alignment, he states.