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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, externalas 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.

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Green MSP Patrick Harvie wonders if the approach in the EU Continuity Bill regarding the adoption of the general principles of EU law and charter of fundamental rights into Scots law is the correct one.

Prof Page says there is a case for elaborating on what is meant by general principles.

Using the example of environmental law, he suggests this would not be covered by the general principles of EU law.

Mr Harvie wonders about its exclusion from the EU Withdrawal Bill and what this would mean for subsidiarity.

Professor McHarg says the principle of subsidiarity assumes taking decisions at the lowest level possible.

She suggests it would require some "creativity on the parts of our courts post Brexit".

David Porter
Scotland Westminster editor

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The UK government is making a new attempt to win the support of peers in the House of Lords in the continuing row over what will happen to powers that return from Brussels after Brexit, and whether they should go to Westminster or Holyrood.

The Scottish and UK governments are currently embroiled in lengthy negotiations about where the repatriated powers will end up.

Scottish ministers have accused their UK counterparts of wanting to ''mount a power grab'' and ''disrespecting the devolution settlement'' by not automatically transferring powers to Holyrood.

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The UK government says the vast majority of powers will go to the Scottish Parliament but some must be retained at Westminster to protect the UK internal market.

Now it has emerged that the Cabinet Office minister, David Lidington, whose leading the negotiations on behalf of the UK government, will brief peers tomorrow evening following the latest round of talks in London between the UK and Scottish governments.

Peers are due to discuss the so called clause eleven aspect of the EU Withdrawal bill--relating to devolution--within the next couple of weeks.

SNP MSP Ivan McKee suggests much of the disagreement around the EU Withdrawal Bill comes down to the difference between consent and consult.

Professor Alan Page points to the lack of transparency around negotiations again, noting the Scottish government rejected the latest offer from the UK government but there is no information on the nature of this offer.

Dr Hughes calls for a serious and open discussion on how common frameworks will work.

It does not need to be a stand-off between existing joint ministerial committee structures or a veto, she states.

First Minister Nicola Sturgeon rejected the UK government's latest proposal in a row over who should exercise certain powers after Brexit.

Cabinet Office Minister David Lidington said the "vast majority" of returning EU powers will start in Edinburgh, Cardiff and Belfast.

He said Westminster would only be involved where a "pause" was needed to draw up a UK-wide framework.

But Ms Sturgeon said this would still restrict the devolved administrations.

Dr Kirsty Hughes from the Scottish Centre on European Relations says transparency is desirable and democratic.

She suggests the approach taken by Michel Barnier to publish information on negotiations has been positive.

Law Society of Scotland's Michael Clancy adds that it is desirable for there to be as much transparency as possible but "this is not the case at the moment."

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Theresa May has contacted the first minister following her major Brexit speech.

Downing Street has confirmed the prime minister called Nicola Sturgeon on Friday evening.

A spokeswoman said the two leaders agreed to continue to work to reach an agreement on the EU Withdrawal Bill.

Ms Sturgeon said she reiterated the Scottish government's position on continued membership of the single market and the customs union.

They have also confirmed a meeting on 14 March.

After discussing the impacts of this week's extreme weather, the prime minister and first minister talked about the announcements the UK leader made on the Brexit process.

• Brexit plan 'more detail but no progress'
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• Read more here

Michael Clancy from the Law Society of Scotland says: "The balance between speed and scrutiny can be problematic."

Mr Clancy says we need to be very careful about giving just three weeks scrutiny for the Continuity Bill.

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Mr Clancy says just eight bills have been passed as emergency bills and they were all single issue bills.

That's why caution must be taken in applying emergency procedure to the Continuity Bill, he says.

SNP MSP Willie Coffey asks about the timing of the bill, noting some concerns about the speed at which is will be passed through parliament.

Prof McHarg explains that if the EU Withdrawal Bill passes before the Continuity Bill, the UK government could in theory ignore any absence of consent from the devolved administrations because a legal gap would be created.

"The urgency is a tactical urgency," she adds.

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Professor Alan Page from the University of Dundee says normally if the presiding officer says a bill is outwith parliament's competence that is enough for it not to consider the bill.

Prof Page says members of the parliament should have the full view of the basis of the views of the presiding officer and the Lord Advocate.

Labour MSP James Kelly suggests legal advice should be published in full.

Law Society of Scotland's Michael Clancy agrees.

"These are extraordinary circumstances."

There are only two circumstances in the past when the legal advice was published, Mr Clancy explains: on the Mental Health (Public Safety and Appeals) (Scotland) Act 1999 and on advice given in connection to the Iraq war.

Prof Page says he finds what has been said by the presiding officer and the Lord Advocate unsatisfactory.

He says he has only glanced at the Welsh presiding officer's opinion but he says he thought it was fuller than anything the Lord Advocate or Ken Macintosh said.

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AMs voted last night to fast-track a law to prevent what Welsh Government ministers have called a post-Brexit "power-grab".

The bill would bring devolved powers currently wielded at EU level to the Welsh Assembly.

It has been proposed by Cardiff ministers amid a row with the UK government over a key Brexit bill.

UK ministers have promised most powers in devolved areas will come to Cardiff - but agreement has remained elusive.

Read more here.

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Dr Kirsty Hughes from the Scottish Centre on European Relations says it is clear that Brexit is disrupting and even undermining our constitutional settlement.

Dr Hughes says: "We are in exceptional territory."

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.

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