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Mr Russell says those with any influence on the UK government should encourage them to untie the purse strings to provide money for Continuity Bill costs.

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Mr Russell says powers cannot be taken away or hijacked by another parliament without the consent of this one.

The Brexit minister says he has responded positively to requests for changes to the scrutiny of the Continuity Bill.

Luke McBratney statutory requrirement for consultation under certain circumstances.

Mr Russell reiterates that he wants as much scrutiny of the Continuity Bill as possible.

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Labour MSP James Kelly asks: "Is there not a danger that, at the pace we are moving at, scrutiny will be compromised and the end product won't be as good, and that potentially gives some exposure to a legal challenge?"

The minister says we are "between a rock and a hard place".

He offers his apologies that this committee will have to meet in the evening after stage 2 - and instructs the convener to ensure pizza is provided for members.

Bruce Crawford counters that suggestion with an offer of Stephens bridies.

We'll have both at Holyrood Live, join us virtually.

More seriously, Mr Russell emphasises the need to stick to the timescale.

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Mr Russell says there had been little progress on amendments to the EUWD until November last year.

The Brexit Minister says it was then accepted by the UK government there should be some changes and a commitment that there would be amendments.

There was no tabled amendments in the House of Commons and there waas then some movement in February with the pledge to essentially turn Clause 11 on its head, which was welcome, he says.

"The issue of consent or agreement has not been agreed."

Mr Russell says there will be a further JCMEN tomorrow.

Tory MSP Murdo Fraser suggests the bill is "more about politics than it is about law".

Michael Russell points to the legal reasons for the timescale of the bill.

SNP MSP Ivan McKee queries the status of negotiations with the UK government.

The minister says for a bill which requires legislative consent, there would normally be constant discussion between the two governments even before a bill is introduced.

He suggests that despite Scottish government officials pressing for detail of the EU Withdrawal Bill from an early stage, they were only given sight of it shortly before publication.

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Mr Russell says the Continuity Bill is to avoid a "legislative cliff edge".

Tory MSP Murdo Fraser raises the issue of the need for the Continuity Bill to be complentary to the EU Withdrawl Bill (EUWB).

Mr Russell says the Continuity Bill is a workable solution but not the Scottish government's first option.

Alison Coull from the Scottish government says there is a risk the EUWB will be amended after the Continuity Bill is passed.

She says there ancillary powers in the bill to sort out any small rubs that emerge due to subsequent amendments.

Tory MSP Adam Tomkins recommends the Lord Advocate refer the competency of this bill to the Supreme Court.

Michael Russell says the Scottish government is confident enough about its competency that it does not need to be tested in court.

Mr Kelly says Scottish Labour understand why the legislation is being brought forward and supports that in principle.

However the issue of legal advice is more problematic, he says.

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Mr Russell says the government has indicated why it feels the Continuity Bill is competent and the presiding officer has given his contrary position.

The minister says the Lord Advocate has said if the Continuity Bill is not legal neither is the EU Withdrawal Bill.

"I suspect that if the Archangel Gabriel were to come down and define what legal advice he was to give there would still be a dispute about it."

Labour MSP James Kelly asks about publishing the legal adice received.

Mr Russell says he recognises this argument by the Lord Advocate has already taken the unusual step of explaining his reasoning to parliament.

He expresses concern about setting a "dangerous precedent" for publishing legal advice.

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Alison Coull confirms the Scottish government is looking at making the position on the exit day clearer.

Her colleague Luke McBratney says this bill can only take effect after withdrawal.

Mr Tomkins suggests there is a grave issue here as to whether the bill is competent.

We'll have to agree to disagree on that says the minister.

Tory MSP Adam Tomkins suggests some elements of this bill appears to "trespass" on reserved competence.

The minister (obviously) disagrees.

With regards to the section around exit day, he clarifies it was not the intention to allow Scottish ministers to set a different date than the UK government.

The current wording is to reflect the idea that the date could be changed, Mr Russell says.

"We're not endeavoring to shove in somewhere, 'oops, we set the date to 2029 not 2019'."

Brian Taylor
BBC Scotland Political Editor

Image source, Reuters

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.

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.

• What is the Brexit continuity bill?

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.

Read more here.

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Mr Russell says there is provision made for the orderly withrdawal from the EU so actions to do so cannot be contrary to EU law, however there are different opinions.

The Brexit minister says this was allowed for within the Scotland Act.

He says he hopes there will not be a reference to the Supreme Court and reiterates that he would rather not be in this position.

The minister says tomorrow there will be a meeting of the JMCEN.

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Presiding Officer Ken Macintosh announced that he does not believe the continuity bill currently falls within Holyrood's remit, which may leave the legislation open to legal challenge if it is passed.

He said the bill "anticipates the impact of the withdrawal of the United Kingdom from the European Union", and as such "assumes that the parliament can make provision now for the exercise of powers which it is possible the parliament will acquire in the future".

He said that as it stands, the bill "would not be within the legislative competence of the parliament".

Committee convener Bruce Crawford kicks off with the issue of competency.

Brexit Minister Michael Russell points to the previous panel making clear that the issue was simply a difference of opinion.

He argues it is difficult to understand why the Scottish government would not seek to legislate before exit day.

"It is a genuine debate and that debate will continue."

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Scotland's Lord Advocate has defended the "continuity bill" brought forward by ministers as part of an ongoing row over post-Brexit powers.

Holyrood's presiding officer has said the bill falls outwith the Scottish Parliament's remit.

But top lawyer James Wolffe said the bill was "carefully framed" to be in line with UK and EU law.

The government intends to press ahead with the legislation even without the backing of the presiding officer.

Read more.