Summary

  • The UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill passes Stage 2, after 231 amendments are debated

  • Scottish Labour leads a debate on procurement

  1. Tory MSP says he will reflect on minister's comments and does not press amendmentspublished at 09:11 Greenwich Mean Time 14 March 2018

    Tory MSP Adam TomkinsImage source, bbc
    Image caption,

    Tory MSP Adam Tomkins

    Tory MSP Adam Tomkins says he will reflect on the minister's comments.

    Mr Tomkins says he will continue conversations with UK ministers, Scottish ministers and anybody else to broker a deal and withdraws amendment 120 and does not move his other probing amendments.

  2. UK government EU Withdrawal Bill amendments 'based on imposition'published at 09:08 Greenwich Mean Time 14 March 2018

    Brexit Minister Michael Russell says "it's difficult to follow" Mr Harvie's comments on Jamie Greene's amendments.

    He says the amendments would require the Scottish government to "sit on its hands" as it binds it to UK government policy and the changing negotiations.

    "This is frankly, and with the greatest respect convener, nonsense."

    Brexit Minister Michael Russell
    Image caption,

    Brexit Minister Michael Russell

    Turning to Mr Tomkins' amendments, the Brexit minister says the key issue it that the UK government could "fill the bucket" with all the powers of the Scottish parliament and Scotland would get no say.

    The UK government's proposed amendment is "not based on agreement, it is based on imposition", he adds.

  3. Postpublished at 09:06 Greenwich Mean Time 14 March 2018

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  4. Tory MSP says nothing in Bill should undermine structures of UKpublished at 09:03 Greenwich Mean Time 14 March 2018

    Jamie GreeneImage source, bbc

    Tory MSP Jamie Greene says nothing in this Bill should undermine the structures of the UK or the structures of the UK internal market.

    Mr Greene says section 13 of the EU Continuity Bill allows Scottish ministers to cherry pick EU directives and regulations it wants to have practical implication in Scotland.

    He says section 13 would allows Scottish ministers to inhibit future trade deals and moves amendment 148 and 154.

    AmendmentsImage source, SP
    AmendmentsImage source, SP

    Green MSP Patrick Harvie sarcastically commends Jamie Greene on his creativity with these amendments.

    Mr Harvie says in just three lines Mr Greene has achieved a work of "perverse art".

  5. Probing amendments on common frameworks - so no vote forthcomingpublished at 08:54 Greenwich Mean Time 14 March 2018

    Tory MSP Adam Tomkins says his amendments are simply probing and he does not intend to press them.

    They belong the grouping titled "exercise of powers under sections 11 and 13: integration with UK Government policy".

    Tory MSP Adam Tomkins
    Image caption,

    Tory MSP Adam Tomkins

    Mr Tomkins says negotiations around clause 11 of the EU Withdrawal Bill are progressing and the UK government has tabled an amendment which goes "some distance" towards satisfying the requirements of the Scottish and Welsh governments.

    "It doesn't go all the way, the deal is not yet done," but we are getting there he adds.

    The Tory MSP welcomes the Scottish government's recognition of the need for common frameworks and he feels the EU Withdrawal Bill should specify the areas where such frameworks are required.

    "This is what my amendments in this group seek to do."

  6. Background: What is this row about?published at 08:50 Greenwich Mean Time 14 March 2018

    Whitehall analysis has identified 153 areas where policy in devolved areas is currently decided in Brussels.

    The UK government's Brexit bill had initially proposed returning all of these to Westminster immediately after Brexit.

    But it has recently put forward changes that would see the "vast majority" of those EU powers instead returning directly from Brussels to Edinburgh, Cardiff and Belfast.

    BrexitImage source, PA/Getty Images/BBC

    This would include in areas such as carbon capture, water quality and energy efficiency.

    But it has named 24 devolved policy areas where it wants to retain power temporarily in the wake of Britain's exit from the bloc, including in areas such as agriculture, fisheries, food labelling and public procurement.

    The UK government says this is necessary to avoid different parts of the UK having different food hygiene or safety regulations.

    But the Scottish and Welsh governments have repeatedly accused the UK government of a "power grab", and have introduced their own Brexit legislation in their respective parliaments.

    Theresa May will hold meetings with Scottish First Minister Nicola Sturgeon and her Welsh counterpart Carwyn Jones at Downing Street later..... so watch this space!

  7. Postpublished at 08:48 Greenwich Mean Time 14 March 2018

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  8. And now the first votes of the morning.....Labour and Tory amendments rejectedpublished at 08:44 Greenwich Mean Time 14 March 2018

    AmendmentsImage source, SP

    The Tory amendments in this group are not agreed to, neither are the Labour amendents.

    Five MSPs voted for them all but six voted against, unlike last night when the majority were rejected eight to three, with Labour joining the Tories.

  9. Tory MSP disappointed government will not back all amendmentspublished at 08:41 Greenwich Mean Time 14 March 2018

    Tory MSP Dean Lockhart says the amendments in this grouping were largely suggested by the Law Society of Scotland on legal certainty and tests on ministerial power.

    He says the minister not accepting these raises "real concerns" about how the powers will work in practice.

    Tory MSP Dean Lockhart
    Image caption,

    Tory MSP Dean Lockhart

    Many of the amendments seek to address how special powers can be exercised by ministers, states the Tory MSP.

    It is "disappointing" that the minister is sticking to the subjective test of "appropriate" rather than "necessary", Mr Lockhart adds.

  10. Background: EU Continuity Bill passes first votepublished at 08:39 Greenwich Mean Time 14 March 2018

    Brexit flagsImage source, PA

    The Scottish government's stop-gap Brexit legislation passed its first vote at Holyrood on 7 March 2018.

    Ministers have put forward their own EU Continuity Bill amid a row with the UK government over the Westminster EU Withdrawal Bill and post-Brexit powers.

    Scottish Brexit minister Mike Russell said he was "regretful" that the bill had to go ahead, but said it was "a job that has to be done".

    MSPs passed the continuity bill at stage one by 94 votes to 30.

    The Scottish and Welsh governments are both pushing ahead with their own Brexit legislation, as a row with UK ministers over post-Brexit powers rumbles on.

    Representatives will meet in London on Thursday for the latest joint ministerial council, with both sides insisting they are still working hard to come to an agreement over how to set up UK-wide frameworks of devolved powers currently exercised from Brussels.

    Ministers from the devolved administrations say they will not put forward the EU Withdrawal Bill for consent votes in Edinburgh or Cardiff until changes are agreed on this front, and are working on their own stop-gap legislation in the meantime.

  11. Postpublished at 08:37 Greenwich Mean Time 14 March 2018

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  12. Russell accepts Lib Dem amendmentspublished at 08:35 Greenwich Mean Time 14 March 2018

    Mr Russell says he will accept some amendments, not on the basis of favouritism but on practicality.

    The minister says he will support Lib Dem MSP Tavish Scott's amendments 10 and 16 providing ministe

    amendmentImage source, SP
    AmendmentImage source, SP

    Mr Russell says he will accept further amendments on scrutiny and powers.

  13. Minister confirms some amendments on constraining powers will be acceptedpublished at 08:33 Greenwich Mean Time 14 March 2018

    Brexit Minister Michael Russell
    Image caption,

    Brexit Minister Michael Russell

    Brexit Minister Michael Russell says how minister can exercise their powers is crucial but says the "job of work to be done" cannot be done by the tools available at the moment.

    However, the minister accepts that any new powers must be scrutinsed.

    He confirms the government will accept a "range of amendments that do just that", though he will not accept "every singe proposal, some of which are inoperable or would be difficult to operate".

  14. SNP MSP speaks against amendmentspublished at 08:30 Greenwich Mean Time 14 March 2018

    SNP MSP Willie CoffeyImage source, bbc
    Image caption,

    SNP MSP Willie Coffey

    SNP MSP Willie Coffey says it is better to allow some flexibility to apply here and says these amendments could weaken the Bill at best.

  15. Postpublished at 08:28 Greenwich Mean Time 14 March 2018

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  16. Postpublished at 08:26 Greenwich Mean Time 14 March 2018

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  17. Tory MSP accuses Brexit minister of 'unnecessary hyperbolic' term 'power grab'published at 08:24 Greenwich Mean Time 14 March 2018

    Mr TomkinsImage source, bbc
    Image caption,

    Mr Tomkins

    Tory MSP Liam Kerr speaks to his amendments in this group and then his colleague Adam Tomkins speaks.

    Mr Tomkins says the minister is fond of reminding MSPs about the importance of language yet constantly uses the unnecessary hyperbolic term "power grab" in reference to the UK government.

    "There is a power grab here from parliament to executive," insists the Tory MSP.

    Green MSP Patrick Harvie says he is uncomfortable to have reached the same conclusion as Mr Tomkins.

    Mr Harvie says there is a good case for replacing the word "appropriate" with "necessary" in this part of the Bill.

  18. Section 12 could undermine judiciary says Tory MSPpublished at 08:23 Greenwich Mean Time 14 March 2018

    Lib Dem MSP Tavish Scott
    Image caption,

    Lib Dem MSP Tavish Scott

    Lib Dem MSP Tavish Scott says his amendments will seek to tougher rules around ministerial action and restrict when ministers can use powers.

    He wants a test of necessary placed on all powers in section 11.

    Tory MSP Jamie Greene says his amendment is similar in nature to Neil Bibby's in relation to section 12, which relates to ministers ensuring compliance with international obligations, but suggests his go further.

    It is not for the Scottish government to decide if the UK government is complying to international treaties he argues, adding that giving the power to the government could undermine the judicial system.

    Mr Greene says his amendment would see this power given to courts rather than conferred to ministers.

  19. Postpublished at 08:20 Greenwich Mean Time 14 March 2018

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  20. Background: Nicola Sturgeon to meet Theresa May over Brexit rowpublished at 08:15 Greenwich Mean Time 14 March 2018

    Nicola Sturgeon and Theresa May also had face-to-face talks at Downing Street in NovemberImage source, Getty Images
    Image caption,

    Nicola Sturgeon and Theresa May also had face-to-face talks at Downing Street in November

    The prime minister has said she is determined to end the deadlock with the devolved governments over Brexit.

    Theresa May will hold meetings with Scottish First Minister Nicola Sturgeon and her Welsh counterpart Carwyn Jones at Downing Street later.

    The three have been at loggerheads over what happens to powers in devolved areas when they return from Brussels after Brexit.

    Ms Sturgeon said she did not expect a deal to be reached at the meeting.

    The UK government recently proposed the "vast majority" of powers returned from the EU would go straight to Edinburgh, Cardiff and Belfast rather than Westminster.

    But it would retain control in 24 areas, at least in the short term.