Image source, Scottish Parliament

Mr Harvie says Scottish Secretary David Mundell is the person "most in need of consent education".

Consent must not be as a result of coercion, it must be revocable and it must be respected he argues.

The Scottish Green co-convener questions Scottish Labour's suggestion that there should be cross-party discussions because he is sceptical that the UK government will change its mind.

"We must all, everyone who believes in the legitimacy of this parliament and the distinct political will of the people we represent, stand together in defence to this EU Withdrawal Bill."

We must unite to stop the demolition squad led by Ruth Davidson and Theresa May, Mr Harvie concludes.

Image source, bbc

Scottish Green Party co-convener Patrick Harvie says it appears the SNP, Labour, the Greens and the Lib Dems will stand together in defence of this parliament.

Mr Harvie argues that the Tories are ignoring the distinct political will of Scotland.

The Scottish Green Party co-convener accuses the Scottish Tory MSPs of ignoring the will of the Scottish people in favour of the "delusional ramblings of their party's fringe" and those further on the right whom they are trying to win back.

Mr Findlay welcomes progress outlining the 24 policy areas which may need a framework.

However he then highlights suggestions from Scottish Secretary David Mundell that that number might increase.

"We cannot and will not support these powers being repatriated to anywhere other than this parliament."

The Labour MSP argues these powers are crucial if the Scottish parliament is to deliver a "democratic socialist society".

He notes David Lidington may be open to the idea of having all parties come to the table for negotiations and urges the Scottish Conservatives to back it.

Image source, House of Commons

The leaders of Scottish Labour and the Lib Dems have positioned themselves against the Brexit powers deal offered to Holyrood by UK ministers.

The UK and Scottish governments are struggling to resolve a row over where powers should be held after March 2019.

Scottish ministersrejected the deal currently on the table, saying it would undermine the principle of devolution.

Richard Leonard and Willie Rennie told a committee of MPs that they also would not back the proposals as they stand.

This leaves only the Scottish Conservatives in favour of the current deal - with Tory MSP Adam Tomkins saying the existing devolution settlement was "exactly the basis" of what has been offered.

Read more here.

Image source, bbc

Labour Brexit spokesperson Neil Findlay says to Mr Tomkins that in mental health awareness week he needs to get a better gag writer.

Mr Findlay goes on to argue there is no need for the current stalemate.

He says all that was necessary was for David Mundell to deliver the amendments to Clause 11 that he said he would.

Tory MSP Murdo Fraser intervenes to point out the shadow Scottish secretary Lesley Laird welcomed the Welsh agreement with the UK government and urged the Scottish government to follow suit.

Mr Findlay argues that Ms Laird moved amendments in the House of Commons that would have resolved this situation, but "you're lot" were whipped to vote against them.

This earns him a mild rebuke from the presiding officer.

Mr Tomkins says the subject matters and policy areas where UK frameworks will be needed have already been agreed.

Therefore the new clause 15 only refers to areas already agreed, he argues.

"Not a single power is being taken away from us as a result of the Withdrawal Bill."

Mr Tomkins emphasises that these powers cannot currently be utilised by the Scottish parliament because they are held at Brussels.

Instead of this debate, we should be considering how Scotland can develop and use powers which we have not be able to use for 45 years, the Tory MSP says.

Let's get to the job at hand, he concludes.

Image source, Getty Iamges

The UK government has told its Scottish counterparts the "door is still open" for a deal to end the long-running Brexit powers dispute.

Despite months of talks between the two sides, the Scottish government has said it cannot yet sign up to the UK government's Brexit bill.

It says the bill could see some of Holyrood's powers constrained by Westminster for up to seven years.

MSPs are due to vote on whether to formally consent to the bill at decision time, after this debate.

The SNP has been joined by Scottish Labour, the Greens and Liberal Democrats in opposing the bill as it currently stands - with only the Conservatives thought likely to back it in next Tuesday's vote.

Speaking as he visited Glasgow on Friday, Jeremy Corbyn said he would be "very happy" for Scottish Labour to vote against the bill as he accused the UK government of mounting a "power grab" on devolution.

Read more here.

Image source, bbc

Mr Tomkins points out Scotland trades four times as much with the rest of the UK than it does with the whole of the EU.

The Tory MSP argues he did not support the original Clause 11 as it fell foul of the principles he has outlined.

However, the new Clause 15 does adhere to them, hence his support for consent to be given to the EU Withdrawal Bill.

Mr Tomkins insists: "There is no Westminster power grab, the powers come here."

"This parliament will become siginficantly more powerful as a result of Brexit."

Sarah Smith
Scotland Editor

How much does it matter if the Scottish Parliament votes to reject the EU Withdrawal bill?

The Scottish government insists this is a highly significant moment, as it will be the first time the Holyrood parliament has ever refused consent to a piece of Westminster legislation that encroaches on policy areas devolved to Scotland.

It will certainly be a constitutional first - but one that's pretty easily overcome by Westminster. The UK government have the authority to simply impose the Brexit legislation on Scotland. Even if that is politically problematic.

Image source, Scottish Parliament

They didn't want to find themselves in this position. The exhaustivehours of negotiationsendured by very senior ministers shown how much they wanted to find a compromise and avoid this constitutional clash.

At the very time that Theresa May is restating her deep commitment to the union -in relation to Northern Ireland- it's awkward to be simultaneously forcing her Withdrawal Bill on Scotland. Especially as any Brexit legislation isn't very popular in country that voted 62% to remain in the EU.

But this prime minister has ignored the will of the Scottish Parliament before. This time last year it voted in favour of a second indyrefand the PM said no. There was no noticeable uprising of popular outrage then. And there is unlikely to be so now.

Read more here.

Scottish Tory constitution spokesperson Adam Tomkins says the original Clause 11 did fail to respect the devolution settlement.

However, he argues the new clause 15 ensures all powers repatriated from Brussels which deal with devolved competencies will come to this parliament.

Mr Tomkins quotes Welsh finance minister Mark Drakeford welcoming the deal struck between the UK and Welsh government.

If we strip the disagreement back to first principles, Mr Tomkins says it is clear what the argument is about:

1. Brexit must be delivered compatibly with the devolution settlement
2. Brexit must not be allowed to undermine the UK or the UK internal market

Image source, PA/Getty Images

Here's the Scottish government motion:

Michael Russell, external

S5M-12223, external

European Union (Withdrawal) Bill

That the Parliament notes the legislative consent memorandums on the European Union (Withdrawal) Bill lodged by the Scottish Government on 12 September 2017 and 26 April 2018, and the reports of the Finance and Constitution Committee of 9 January and 10 May 2018, and, because of clause 15 (formerly 11) and schedule 3, which constrain the legislative and executive competence of the Scottish Parliament and Scottish Government, does not consent to the European Union (Withdrawal) Bill.

Here's the Tory amendment:

Adam Tomkins, external

S5M-12223.1, external

As an amendment to motion S5M-12223 in the name of Michael Russell (European Union (Withdrawal) Bill), leave out from ", and, because of" to end and insert "; agrees with the Welsh Government and Liberal Democrat peers that the amended Bill respects the devolution settlement, and, because it provides people and businesses in Scotland with certainty and devolves further powers to the Scottish Parliament, consents to the European Union (Withdrawal) Bill."

Image source, bbc

Here's the Labour amendment:

Neil Findlay, external

S5M-12223.2, external

As an amendment to motion S5M-12223 in the name of Michael Russell (European Union (Withdrawal) Bill), insert at end “, and calls on both the UK and Scottish governments to convene cross-party talks in an attempt to broker an agreed way forward.”

Mr Crawford says he is deeply concerned about provisions in the EU Withdrawal Bill that cut across the devolution settlement.

The SNP MSP says mutual respect is sadly lacking at the moment and he calls for a partnership of equals between the constituent parts of the UK.

He insists the current impasse could still be resolved.

The committee does not consent to Clause 15 (this is what became of the controversial Clause 11) or schedule 3 in the EU Withdrawal Bill, he concludes.

Mr Crawford notes that the Scottish parliament may not consent to the Bill but the UK government could legislate anyway.

This fundamentally breaks the idea of consent, he says.

Quoting Abraham Lincoln, the Finance and Constitution Committee convener says: "No man is good enough to govern another man without that other's consent."

The two governments should agree to commit to a non-legislative political constraint not to bring forward legislation in areas where common frameworks may be require, he states.

Mr Crawford says the commitment that common frameworks would not be imposed conflicts with the new Clause 15 (formerly known as Clause 11).

Holyrood Live
BBC Parliaments

Holyrood's Finance and Constitution Committee has recommended that the parliament does not consent to the EU Withdrawal Bill unless a political solution can be found.

In its report published earlier today, the committee has called for reciprocal political commitments to ensure parity between the UK and Scottish governments.

The report also calls for the removal of Clause 11 and Schedule 3 of the Bill.

Speaking at Holyrood's Europe Committee shortly after publication, Scottish secretary David Mundell insisted efforts would still be made to attain consent.

Image source, bbc

The final vote on the consent memorandum for the EU Withdrawal Bill takes place on Tuesday.

The three Scottish Conservative members of the finance committee dissented from its recommendations on reciprocal commitments and Clause 11.

Read the full report here., external

Image source, bbc

Finance and Constitution Committee convener Bruce Crawford points out this debate is the end of the LCM process, but only the end of the beginning of the legislative process that any Brexit outcome will presage.

Mr Crawford says it is unfortunate that Conservative MSPs have not agreed to all aspects of the committee's final report, but he thanks all MSPs for their efforts in producing it.

The SNP MSP points out there are still fundamental differences between the UK and Scottish government.

He says the committee does not recommend withholding consent to any part of the EU Withdrawal Bill apart from in relation to clause 11 and schedule 3.

Mr Russell says if the EU Withdrawal Bill is forced on Holyrood it will be "serious and unprecedented" and it would be noticed across Europe.

The Brexit minister insists the voice of the Scottish Parliament must be heard.

He tells the chamber the means of the parliament must be protected.

SNP MSP Stewart Stevenson suggests that powers of fishing could remain at Westminster beyond the seven years.

Mr Russell agrees it is possible for the UK government, using primary legislation, to permanently hand such powers to Westminster.

The devolution settlement can only function properly if there is trust between all the government of the UK and the answer is therefore to proceed through reciprocal political commitments, the Brexit minister argues.

The Scottish government is asking the parliament to withhold consent to the EU Withdrawal Bill as it stand, he asserts.

The Bill must be adjusted to reflect the terms of the legislative consent memorandum, Mr Russell says.

If the motion is passed, that will be the will of this parliament, he adds.