Image source, Andrew Cowan/Scottish Parliament

Chloe Smith and David Mundell have no time for a tea break as they appear before the Delegated Powers and Law Reform Committee now!

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Tory MSP Murdo Fraser calls for reassurances there will be no decisions taken on fracking or GM crops at Westminster.

"Absolutely," affirms Mr Mundell.

Tory MSP Murdo Fraser seeks clarification on the so-called "power grab" and whether the EU Withdrawal Bill only applies to EU retained law.

"Can you just make it clear for our benefit where exactly the truth lies?" Mr Fraser asks.

Every power currently exercised by this parliament will continue to be exercised by this parliament from the day after Brexit and into the future, confirms Mr Mundell.

The parliament will also have a range of additional powers immediately after Brexit without any involvement from the UK government, he explains.

The Scottish secretary reiterates that there are only 24 areas where common UK frameworks may be required.

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Labour MSP Neil Bibby asks if the sunset clause is stuck at 7 years, which has caused some concern to Mike Russell.

Mr Mundell says it is his understanding a change in that time period would not lead to agreement from the Scottish government

Labour MSP Neil Bibby asks about potential justifications for a framework being imposed.

"We are not in the business of imposing frameworks," Mr Mundell states.

This Bill is about identifying areas where the frameworks are needed, he explains.

Ms Smith points to an agreement established in October, set out in the communique, external, which highlights the principles governing frameworks.

Mr Mundell warns against having a definitive list which would require primary legislation to alter, taking away flexibility.

There is a very strong level of trust across the three governments, insists Mr Mundell.

Mr McKee argues that the UK government could add to the 24 areas on the list without the Scottish parliament's consent.

The Scottish secretary says the 24 areas on the list in this Bill will stay exactly as they are today.

TIn March the UK government named 24 devolved areas where it wants to temporarily retain power following Brexit.

Ministers in the Scottish and Welsh governments wanted subjects such as food labelling and animal welfare to come under their control.

However, UK ministers are bidding to oversee those areas, and others on the list, external, when the UK leaves the EU.

The Scottish government has accused the UK government of a power grab and has introduced its own Brexit legislation.

Ministers at Westminster insisted that "the vast majority of powers returning from Brussels will start off in Edinburgh, Cardiff and Belfast".

Cabinet Office Minister David Lidington, who is conducting talks with the devolved governments, said: "There is a much smaller group of powers where the devolved governments will be required to follow current EU laws for a little bit longer while we work out a new UK approach."

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The 24 policy areas expected to require a UK legislative approach for a temporary period include:

• Animal health and traceability
• Food and feed safety and hygiene law
• Food labelling
• Chemical regulation

Read more here.

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SNP MSP Ivan McKee turns to the list of 24 areas where UK frameworks are required, he asks if the UK government essentially can add to that list as it so desires.

Constitution Minister Chloe Smith says the 24 areas have already been agreed and the legislation is a tool to ensure they are dealt with in a specific way.

There is a clear commitment from the UK government about how it will deal with it, she adds.

Mr McKee presses further, asking if there is anything in the legislation to stop the UK government from expanding the list.

Ms Smith says "the list can evolve" but she argues this is positive as it is "a mark of good quality work" between the various governments.

Mr McKee suggests this means the UK government can add to the list as it sees fit.

"So could the Scottish government," Ms Smith responds.

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On 24 April we reported that Scottish ministers had rejected the latest bid to settle the dispute over post-Brexit powers, despite the Welsh and UK governments striking a deal.

The UK government is to publish changes to the EU Withdrawal Bill in an effort to end the long-running row with the devolved administrations.

Welsh ministers reached an agreement with their UK counterparts.

But the Scottish government said there was still a "key sticking point" and called for further changes to be made.

Read more here.

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Labour MSP James Kelly says it seems as if there is an unequal element in this as, if there is no consent, the decision goes back to the House of Commons.

Mr Mundell points out that the Welsh government have agreed this is a reasonable approach.

The Scottish secretary outlines the sovereignty of the Westminster parliament.

Constitution Minister Chloe Smith says the consent decision terminology only refers to the process and the options available.

There is already agreement about areas where the should be co-working, she adds.

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Nicola Sturgeon has insisted that rejecting a deal with the UK government over post-Brexit powers was "in the national interest".

The first minister was speaking as Scottish Conservative leader Ruth Davidson accused her of putting the "nationalist interest" first.

Westminster struck a deal with the Welsh government earlier this week.

But the Scottish government insists that changes to the UK government's Brexit bill still do not go far enough.

Ms Sturgeon told Holyrood that the amendments to the Withdrawal Bill would have "real implications" for the Scottish government's powers in a range of areas.

Read more.

Mr Harvie carries on with the consent argument, saying the UK amendment could have done better.

The Green MSP explains that if you ask for consent that means that you need that consent, but Mr Mundell hits back arguing that consent will continue to be sought for.

There may be occasions where agreement is not reached and there has to be a mechanism for going forward in that, says the Scottish secretary.

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Mr Harvie moves on from the word "consent" to the word "normally" and he calls for a definition of what that word means.

A definitive decision on a definition of "normally" was not taken, explains the Scottish secretary.

Mr Harvie iniststs that outwith a crisis, consent must be freely given and the UK government amendment fails on this.

"I don't accept that," replies Mr Mundell.

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Ms Denham says throughout this process the Scottish secretary is completely ignoring the voice of Scotland.

The Scottish secretary argues: "Obviously we are in fundamental disagreement as Scotland has two parliaments."

This parliament is not the sole voice of Scotland but has a very important role, he concludes.

SNP MSP Ash Denham and Mr Mundell clash over the consent agreement.

Ms Denham insists that the drafting of the Bill means the UK government can take a refusal of consent as a consent decision.

Mr Mundell counters that consent decision simply means a decision on consent and the UK government would not ignore refusal.

The SNP MSP argues the UK government could move forward without consent which is incompatible with the devolution settlement.

Tory MSP Adam Tomkins explains after last night's amendments in the Lords Clause 11 has been changed.

Mr Tomkins asks if the "new Clause 11" copies and pastes the Sewel convention into the law and is completely compatible with the devolution settlement.

The Scottish secretary agrees with this.