Summary

  • Brexit Minister Michael Russell appears before the delegated powers committee to discuss the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill

  • Climate Change Secretary Roseanna Cunningham delivers a statement on the government's climate change plan

  • The government gives a statement on widening access to higher education

  • MSPs then debate the Local Government Finance (Scotland) Order 2018

  • Land and Buildings Transaction Tax (Relief from Additional Amount) (Scotland) Bill Stage 1 proceedings

  • The member's debate focuses on the LEADER programme

  1. Postpublished at 10:35 Greenwich Mean Time 6 March 2018

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  2. Test of necessity is strong argues ministerpublished at 10:32 Greenwich Mean Time 6 March 2018

    Convener Graham Simpson asks about scrutinising instruments before they are laid.

    The Brexit minister says the Scottish government is happy to consider looking at the conditions for enhanced affirmative instruments.

    Tory MSP Alison Harris
    Image caption,

    Tory MSP Alison Harris

    Tory MSP Alison Harris moves to section 11 on dealing with deficiencies arising from withdrawal, seeking reassurance that powers will only be used to make changes "no more than necessary".

    Mr Russell says the test of necessity is a "pretty strong test" for ministers to meet.

  3. Background: Law, politics and Scotland's Brexit continuity billpublished at 10:30 Greenwich Mean Time 6 March 2018

    Brian Taylor
    BBC Scotland Political Editor

    When framing the law, one must consider legal matters. When governing the people, one must also consider matters of wider policy. In short, politics.

    Both aspects are salient in the latest round of bargaining anent Brexit and the associated devolved powers.

    Flags outside HolyroodImage source, Reuters

    You will recall that the controversy concerns 111 powers - such as agriculture and the environment - which are devolved to Scotland within the UK but are presently run in part by the European Union.

    You will recall that the UK government originally said that, post Brexit, these powers should all revert to London, initially, for subsequent distribution following consultation.

    You will recall that the Scottish government replied bluntly: "Aye. Right." You will recall that the devolved government in Wales said much the same. In Welsh. Northern Ireland governance is currently silent on these and other matters.

    Now the Scottish government has published plans for a "continuity bill". This would, in effect, transpose the 111 powers into Scots Law in the event that there is no agreement on a UK-wide repatriation and redistribution.

    So where are we?

    Read Brian Taylor's analysis here.

  4. MSPs move on to technical questions around the continuity billpublished at 10:27 Greenwich Mean Time 6 March 2018

    committeeImage source, bbc

    Committee convener Graham Simpson moves to section 7 of the continuity bill as the technical aspects of the legislation are considered.

    Buckle up - this is going to be an extremely technocratically geeky ride.

    Luke McBratney from the Scottish government says he will write to the committee urgently on the use of powers within this section.

    Mr Simpson dryly comments that this should be done quickly given the Stage 1 debate is tomorrow afternoon!

  5. Brexit minister not confident agreement can be reached with UK governmentpublished at 10:25 Greenwich Mean Time 6 March 2018

    Panel

    Committee convener Graham Simpson asks about progress on negotiations with the UK government.

    Michael Russell says he is not confident that an agreement will be reached.

    There will be a meeting of the joint ministerial committee on Thursday, he confirms.

  6. Postpublished at 10:24 Greenwich Mean Time 6 March 2018

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  7. Brexit minister says he wants areas of dispute to be publishedpublished at 10:20 Greenwich Mean Time 6 March 2018

    Labour MSP Neil Findlay asks if this is a 'depressing bunfight'Image source, bbc
    Image caption,

    Labour MSP Neil Findlay asks if this is a 'depressing bunfight'

    Labour MSP Neil Findlay asks if this is not a "depressing bunfight between two governments for political reasons".

    Mr Findlay calls for the over twenty areas of dispute to be published.

    Mr Russell says he wishes to publish the 25 areas of dispute, but he says this must be done with agreement with the UK and Welsh government agreement.

  8. Background: MSPs agree emergency timetable for Scottish Brexit billpublished at 10:17 Greenwich Mean Time 6 March 2018

    Flags

    MSPs have agreed an emergency timetable to rush through the Scottish government's alternative to the EU Withdrawal Bill.

    The "continuity bill" has been tabled at Holyrood in case no deal is struck with UK ministers over the Westminster legislation and devolved powers.

    Prime Minister Theresa May said the bill was unnecessary and that ministers should focus on hammering out a deal.

    But MSPs backed an emergency process by 86 votes to 27.

    That means MSPs will look at the bill over the next three weeks, with the first stage taking place in the chamber tomorrow.

    Read more.

  9. Three weeks is not enough time for scrutiny says Tory MSPpublished at 10:14 Greenwich Mean Time 6 March 2018

    Mr Russell says there are strong similarities between the EU Withdrawal Bill and this continuity bill.

    The Brexit minister says the UK government bears responsibility for the position we are in.

    Committee convener Graham Simpson says: "Please don't tell us what our job is."

    Ms Harris says the minister launched into a speech and did not answer her question.

    "I don't appreciate the patronising response."

    Alison HarrisImage source, bbc

    The minister refutes that he was being patronising.

    Mr Russell says: "I am trying to be as helpful as I possibly can."

    Ms Harris doesn not seem to agree and says three weeks is not long enough to scrutinise this bill.

  10. Background: Scottish government publishes alternative Brexit billpublished at 10:12 Greenwich Mean Time 6 March 2018

    John Swinney and Michael Russell signing the billImage source, SCOTTISH GOVERNMENT / TWITTER

    Scottish ministers have tabled their own alternative to the EU Withdrawal Bill at Holyrood.

    The Scottish and UK governments are locked in a dispute over sections of the Westminster bill relating to devolved powers.

    A continuity bill has been introduced at Holyrood, external as a stop-gap solution if MSPs do not consent to the UK bill.

    However, the presiding officer has not backed the move, saying it is not for Holyrood to legislate on.

    Scottish ministers "respectfully disagree", and are to press ahead with the legislation anyway.

    It is an alternative to the EU Withdrawal Bill, focused on devolved matters, to be used in the event that MSPs do not give their consent to the Westminster legislation.

    The Scottish government says there was still scope for a deal to be agreed with Westminster, but has rejected the current offer from UK ministers.

    Read more.

  11. Tory MSP says MSPs being 'denied' right to scrutinise continuity billpublished at 10:08 Greenwich Mean Time 6 March 2018

    Brexit Minister Michael Russell
    Image caption,

    Brexit Minister Michael Russell

    Tory MSP Alison Harris expresses concern about the three week timetable, suggesting this will not allow enough time for proper scrutiny of the EU continuity bill.

    "That is being denied to parliament," she says, asking "is there any way we can have more time with this bill?"

    Brexit Minister Michael Russell disagrees, stating it builds on the EU (Withdrawal) Bill at Westminster.

    "It is not our making that we are in this position," he says.

    Mr Russell says it has not yet been possible to amend the EU (Withdrawal) Bill, hence the need for the continuity bill.

  12. Postpublished at 10:04 Greenwich Mean Time 6 March 2018

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  13. The committee commences...........published at 10:01 Greenwich Mean Time 6 March 2018

    committeeImage source, bbc

    Kicking off consideration of the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill, external, Committee convener Graham Simpson introduces the panel:

    • Brexit Minister Michael Russell
    • Gerald Byrne of the Constitution and UK Relations Division
    • Graham Fisher from the Scottish Government's Legal Directorate
    • Luke McBratney from the Constitution and UK Relations Division

    Here is the delegated powers memorandum on the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill, external.

  14. The committee will begin shortlypublished at 09:53 Greenwich Mean Time 6 March 2018

    The Delegated Powers and Law Reform Committee will kick off momentarily.

    It will first take evidence from Brexit Minister Michael Russell and his advisers on the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill, introduced to the Scottish parliament last week.

    Brexit Minister Michael RussellImage source, PA

    After that, the committee will consider its usual tranche of subordinate legislation.

  15. Good morning and welcome to Holyrood Livepublished at 12:13 Greenwich Mean Time 5 March 2018

    Michael Russell and flagsImage source, PA/BBC

    This morning, Brexit Minister Michael Russell makes his first, but by no means last, appearance this week before the Delegated Powers and Law Reform Committee to talk about the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill.

    GraduateImage source, PA

    Due to the beast from the east, we have an early start in the chamber with Labour MSP Colin Smyth’s rescheduled atrial fibrillation debate at 1.15pm.

    After topical questions at 2pm, Higher Education Minister Shirley-Anne Somerville will give a ministerial statement on widening access to higher education.

    CashImage source, PA

    The Scottish government will then lead debates on the Local Government Finance (Scotland) Order and the Land and Buildings Transaction Tax (Relief from Additional Amount) (Scotland) Bill at stage 1.

    SNP MSP Mairi Gougeon leads a debate on the LEADER Programme to end the day.