Summary

  • MSPs take evidence on childcare from Auditor General Caroline Gardner and Childcare Minister Maree Todd.

  • The lunchtime's member's debate marks UN International Day for the Elimination of Racial Discrimination

  • Social security, communities and equalities ministers are quizzed during portfolio questions

  • MSPs debate the EU Continuity Bill for the final time

  1. Background: What is the row about?published at 18:55 Greenwich Mean Time 21 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.

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

    FlagsImage source, bbc

    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.

  2. Bill prevents precedent of Westminster taking control over devolved powers says SNP MSPpublished at 18:54 Greenwich Mean Time 21 March 2018

    SNP MSP Ivan McKeeImage source, bbc
    Image caption,

    SNP MSP Ivan McKee

    SNP MSP Ivan McKee says he would rather not be here and would have preferred agreement on the frameworks between the Scottish and UK government.

    Mr McKee says the EU Continuity Bill prevents a precedent of Westminster taking control over devolved powers.

    He urges MSPs to back the Bill at decision time.

  3. Most of us would rather not be here says Lib Dem MSPpublished at 18:51 Greenwich Mean Time 21 March 2018

    Lib Dems MSP Tavish Scott

    Lib Dems MSP Tavish Scott says most of us would rather not be here or even facing Brexit at all.

    Today is a bad day and it wil be a bad day next March too, he says.

    Mr Scott says that whatever takes place in the coming weeks in terms of common frameworks, the parliament will have a huge workload after March.

    I hope we are all ready for that - because we are certainly going to have to be, he concludes.

  4. Postpublished at 18:48 Greenwich Mean Time 21 March 2018

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  5. Harvie says EU Continuity Bill improved and gets backing of Greenspublished at 18:46 Greenwich Mean Time 21 March 2018

    Scottish Green Party co-convener Patrick HarvieImage source, bbc
    Image caption,

    Scottish Green Party co-convener Patrick Harvie

    Scottish Green Party co-convener Patrick Harvie says: "I think parliament has done its job fundamentally over this process."

    Mr Harvie says if this Bill's competence is challenged legally he wants to see the Scottish government put up a robust defence.

    The Green MSP praises the support of the committee clerks, the legislation team and teams within the party groups.

    Mr Harvie says he is delighted there has been enough agreement to improve this Bill.

  6. Background; Holyrood Brexit bill passes first votepublished at 18:45 Greenwich Mean Time 21 March 2018

    Brexit and Nicola sturgeonImage source, PA/BBC

    The Scottish government's stop-gap Brexit legislation passed its first vote at Holyrood earlier this month.

    Ministers have put forward their own "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, with the Conservatives voting against it.

  7. Bill has not had scrutiny it deserves says Labour MSPpublished at 18:44 Greenwich Mean Time 21 March 2018

    Labour MSP Neil Findlay

    Labour MSP Neil Findlay says the Bill has not had the scrutiny it deserves, but confirms Labour will give "cautious support" anyway.

    We were assured the UK government would make changes to the EU Withdrawal Bill, Mr Findlay states, "but no amendment came forward".

    When Labour brought an amendment in the Commons, every Scottish Conservative MP votes against it, he notes.

    The Labour MSP says he is frustrated it is now in the hands of the unelected, but adds he is hopeful.

    During the passage of the Continuity Bill, Scottish Labour MSPs have sought to improve it and reign in a ministerial power grab, he argues.

    "But we should not easily forget that it is the Tories that have gotten us into this mess and time is running out for them to get us out of it."

  8. Real purpose of Bill is to sew the seeds of division in UK says Tory MSPpublished at 18:38 Greenwich Mean Time 21 March 2018

    Tory MSP Adam TomkinsImage source, bbc
    Image caption,

    Tory MSP Adam Tomkins

    Deputy First Minister John Swinney says the government secured the opinion that the EU Continuity Bill is within the legislative competence of Holyrood from the Lord Advocate.

    Tory MSP Adam Tomkins says there is more than one legal opinion on the Bill.

    Mr Tomkins says the real purpose of the Bill is to sew the seeds of division in United Kingdom and create legal chaos.

    He says section 13 of the Bill is a "power grab" and "odious".

  9. Postpublished at 18:37 Greenwich Mean Time 21 March 2018

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  10. Scottish government not respecting devolution settlement argues Tory MSPpublished at 18:36 Greenwich Mean Time 21 March 2018

    Tory MSP Adam Tomkins says parliament rose to the occassion at stage 2 but "less so" at stage 3.

    In particular, he points to allegations about agreements being made or not made behind the scenes and the government seeking to "strong arm" backbenchers.

    Tory MSP Adam Tomkins

    Mr Tomkins confirms his party will vote against the Bill tonight.

    He says the Bill seeks to modify the Scotland Act which is "unlawful".

    The Scottish government talks about respecting the devolution settlement but it is not doing that by attempting to legislate on areas not in its competence, the Tory MSP claims.

  11. Background: Lord Advocate defends EU Continuity Bill competencepublished at 18:34 Greenwich Mean Time 21 March 2018

    Lord Advocate James Wolffe made an unprecedented address to MSPsImage source, bbc
    Image caption,

    Lord Advocate James Wolffe made an unprecedented address to MSPs

    Scotland's Lord Advocate defended the EU Continuity Bill brought forward by ministers as part of an ongoing row over post-Brexit powers.

    Presiding Officer Ken Macintosh 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.

    Ken MacintoshImage source, bbc
    Image caption,

    Holyrood Presiding Officer Ken Macintosh says the bill may fall afoul of EU law

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

    This was an unprecedented move - a government bill has never before gone forward without the support of the presiding officer, and a bill has never received Royal Assent under these circumstances.

  12. Scottish government has no 'grave doubts' about EU Continuity Bill competencepublished at 18:32 Greenwich Mean Time 21 March 2018

    Brexit Minister Mike RussellImage source, bbc
    Image caption,

    Brexit Minister Mike Russell

    Brexit Minister Mike Russell says he remains hopeful an agreement with the UK government can be reached, but passing this bill shows Holyrood is resolute in defending devolution.

    Tory MSP Adam Tomkins says there are grave doubts about the legislative competence of this Bill and he calls on the minister have the Lord Advocate refer the Bill to Supreme Court for a definitive ruling.

    Mr Russell says the Scottish government and the Lord Advocate has no grave doubts about the bill.

  13. Background: How have we got here?published at 18:31 Greenwich Mean Time 21 March 2018

    The UK government and the devolved administrations in Edinburgh and Cardiff are at loggerheads over how powers currently exercised from Brussels are divided up when the UK leaves the EU in March 2019.

    All sides have agreed that some devolved powers should be integrated into UK-wide frameworks, but there remains division over how these should be overseen.

    UK ministers want to have the final say over powers in 24 areas which they see as being particularly important, whereas the devolved administrations want their explicit consent to be sought when changes are made in these areas.

    Theresa May and Nicola Sturgeon BrexitImage source, PA/Getty images/ BBC

    The Scottish and Welsh parliaments are now considering emergency legislation of their own, as a stop-gap measure should they ultimately not give consent to the EU Withdrawal Bill.

    The general principles of the Holyrood bill were backed by all parties apart from the Conservatives, and MSPs are now examining 231 proposed amendments in what has already been a record-breaking committee session.

  14. Agreement with UK government remains most desirable path says ministerpublished at 18:29 Greenwich Mean Time 21 March 2018

    Brexit Minister Mike Russell

    Brexit Minister Mike Russell says the EU Withdrawal Bill sought to "turn the clock back to 1973".

    It was incompatible with the devolution settlement the minister says, and he thanks his colleagues in Wales for also raising concerns with the UK government.

    Despite this, the UK government is yet to bring amendments to allow the Scottish government to recommend the EU Withdrawal Bill be given approval he says.

    Mr Russell reiterates the best path remains for agreement across the governments would still be most desirable.

  15. As we begin the final debate in Scotland it's all over in Wales......published at 18:24 Greenwich Mean Time 21 March 2018

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  16. MSPs will now debate the Scottish EU Continuity Bill for the final timepublished at 18:18 Greenwich Mean Time 21 March 2018

    Brexit Minister Mike Russeel, Brexit design, Tory MSP Adam TomkinsImage source, Scottish Parliament/BBC

    MSPs will now debate the Scottish EU Continuity Bill for the final time, before almost certainly voting to pass it at decision time.

  17. Postpublished at 18:16 Greenwich Mean Time 21 March 2018

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  18. ....................and a ten minute comfort break to boot!published at 18:13 Greenwich Mean Time 21 March 2018

    BrexitImage source, Scotttish Parliament/Getty Images
  19. Amendment stage is over!published at 18:13 Greenwich Mean Time 21 March 2018

    Presiding officer

    Amendments 63 and 64 are unanimously agreed.

    And that is all the amendments!

  20. Brexit minister backs final amendment from Sarwarpublished at 18:11 Greenwich Mean Time 21 March 2018

    Brexit Minister Mike RussellImage source, bbc

    Brexit Minister Mike Russell says the implications of Brexit are profoundly damaging.

    Mr Russell says Mr Sarwar's amendment highlights the difficulties Scotland faces through no fault of its own.