Summary

  • The constitution committee takes evidence from Scottish Secretary David Mundell on Brexit

  • Nicola Sturgeon faces the first FMQs of the new session

  • A Tory MSP leads a debate on the Michelle's Law campaign

  • The third and final part of the programme for government debate takes place

  1. Can the Scottish government refuse to lodge legislative consent motions?published at 10:18 British Summer Time 6 September 2018

    Mr Tomkins suggests that the Scottish government refusing to bring legislative consent motions before the parliament will only lead to the UK government not knowing whether it would consent or not.

    David Mundell says this would be a "very disappointing outcome".

    Green MSP Patrick Harvie asserts the Scottish government cannot dictate this, it is for the parliamentary bureau to agree what is or is not discussed.

  2. 'I am absolutely clear the Sewel convention was adhered to'published at 10:15 British Summer Time 6 September 2018

    Tory MSP Adam TomkinsImage source, bbc
    Image caption,

    Tory MSP Adam Tomkins

    Tory MSP Adam Tomkins asks if the UK government believes there is a problem with the Sewel convention.

    Mr Mundell insists: "I am absolutely clear the Sewel convention was adhered to in the passing of the Act."

    The Scottish secretary says the Scottish government has an absolutist interpretation of the Sewel convention and he adds he does not think its interpretation is correct.

    He points out people are interested in the measures that emerge not this "constitutional row" over the Sewel convention.

    Mr Mundell reiterates he believes agreement on the frameworks can be reached.

  3. 'We've got a problem here'published at 10:12 British Summer Time 6 September 2018

    Convener Bruce Crawford

    "Whether we like it or not, we've got a problem here," states Convener Bruce Crawford.

    "What's the UK government's proposals to break the log jam?"

    Mr Mundell replies that it is not the UK government's intention to go ahead without the consent of the Scottish parliament on the various frameworks.

    "We are in the middle of detailed discussions at the moment in relation to both the agriculture and fisheries bills.

    "I am hopeful that the Scottish government will come forward with legislative consent in relation to these bills."

  4. Background: Just how important is the word 'normally'?published at 10:09 British Summer Time 6 September 2018

    A protest against the so-called "power grab" was held outside the Scottish Parliament earlier this yearImage source, bbc
    Image caption,

    A protest against the so-called "power grab" was held outside the Scottish Parliament earlier this year

    The word "normally" is, of course, an important caveat that is open to different interpretations - is Brexit "normal", for example?

    Scottish Secretary David Mundell has in the past said these were not normal times.

    Consent is sought through something known as the Sewel Convention, named after former Labour government minister Lord Sewel, which, in effect, allowed the UK government to ask MSPs for permission to change the law in an area that is devolved to Holyrood.

    Similar conventions apply in both Wales and Northern Ireland.

    However, as its name suggests, it is merely a convention and there is no legal requirement for the UK government to seek Holyrood's permission - or to respect its decision if it says "no".

    So the interpretation of what "not normally" actually means will be crucial going forward.

  5. 'What does 'not normally' mean?'published at 10:06 British Summer Time 6 September 2018

    Mr Harvie argues that there are a lot of very contentious and divisive issues that will have to be dealt with and expresses concern about the UK's position of having a caveat of what is "not normal".

    The Scottish Green Party co-convener highlights issues in Northern Ireland, where devolution is not functioning normally.

    However in Scotland devolution is consistent says Mr Harvie and he calls for a coherent understanding of what the caveat "not normal" means.

    David MundellImage source, bbc
    Image caption,

    Scottish secretary David Mundell is pressed on what the caveat "not normally" means

    Mr Mundell replies that the devolution arrangements for Scotland are different from Northern Ireland.

    Mr Harvie asks: "What does 'not normally" mean?"

    The Scottish secretary replies: "It means for nineteen years and continuing we will seek the consent of the Scottish Parliament."

  6. 'We need a clear and mutual understanding of what the legislative consent principle is'published at 10:03 British Summer Time 6 September 2018

    Green MSP Patrick Harvie
    Image caption,

    Green MSP Patrick Harvie

    Green MSP Patrick Harvie argues if one side refuses to rule out imposing agreements, this is a barrier to proper negotiation.

    He expresses concern about further issues around legislative consent.

    "We need a clear and mutual understanding of what the legislative consent principle is."

    Mr Mundell says he agrees with the principles Mr Harvie has set out and states the process of legislative consent has not broken down.

    He insists the Sewel convention has not been breached.

  7. Fishing industry excited about leaving CFP argues Scottish Secretarypublished at 09:59 British Summer Time 6 September 2018

    SNP MSP Emma Harper calls for assurance that the UK government will not impose frameorks on the fishing industry.

    Mr Mundell accepts the importance of fishing in Scotland and argues everyone in the industry is excited by the opportunities of Scotland leaving the Common Fisheries Policy.

  8. Agriculture Bill coming 'very shortly'published at 09:56 British Summer Time 6 September 2018

    David Mundell

    Tory MSP Alexander Burnett wonders if there is a timetable for the common frameworks.

    None has been set, says David Mundell.

    Work on the 24 areas will go ahead in unison, he adds, though some areas do have a greater priority such as fishing and agriculture.

    An Agriculture Bill will be brought forward by the UK government "very shortly" he reveals, which will include information on paying farmers post-Brexit.

  9. Mundell argues the UK government wants to reach agreement on the frameworkspublished at 09:52 British Summer Time 6 September 2018

    Mr CrawfordImage source, bbc
    Image caption,

    Committee convener Bruce Crawford persists in seeking a guarantee no frameworks will be imposed on Scotland

    Mr Crawford again seeks a guarantee that there will be no common frameworks imposed in the future.

    The Scottish secretary retorts that no common framework has been imposed on Scotland so far.

    Mr Mundell argues the UK government wants to reach agreement on the frameworks.

    If there is no agreement, will common frameworks be imposed, presses Mr Crawford.

    We don't want there to be no agreement, replies the Scottish Secretary.

    Mr Crawford says he has tried to secure that guarantee but has not been able to reach the position he desired.

  10. Background: EU Withdrawal Bill officially becomes lawpublished at 09:48 British Summer Time 6 September 2018

    EU flag and Big BenImage source, AFP/Getty

    The government's flagship Brexit legislation officially became law in June.

    Speaker John Bercow told MPs the EU Withdrawal Bill had received royal assent - meaning the Queen has agreed to make it into an Act of Parliament.

    The legislation enables EU law to be transferred into UK law in an attempt to ensure a smooth Brexit.

    It was subject to fierce debate as it passed through Parliament, with many attempts to change its wording.

    Read more.

  11. Convener seeks assurance frameworks will not be imposedpublished at 09:45 British Summer Time 6 September 2018

    committee room

    Convener Bruce Crawford raises common frameworks, seeking a guarantee that the UK government will not impose these on the Scottish parliament.

    The EU Withdrawal Act is about the possibility of freezing existing EU arrangements until new agreements have been reached, Mr Mundell explains.

    The Act is not about agreeing frameworks, he insists.

    The Scottish secretary tells the committee his position has not changed on the process of agreeing the common frameworks.

  12. Mundell 'deeply regrets' lack of Holyrood consent for the UK's EU Withdrawal Billpublished at 09:39 British Summer Time 6 September 2018

    David MundellImage source, bbc

    Scottish Secretary David Mundell begins by saying there has been a number of developments since May, one of the most significant being the passing at Westminster of the EU Withdrawal Bill.

    Mr Mundell adds he deeply regrets the Scottish Parliament was unable to give consent to this legislation.

    He insists the UK government has worked well with the Scottish government in the past and he hopes this continues.

    The Scottish secretary explains the JMC will proceed on a scheduled monthly basis.

    He highlights the review of the current intergovernmental structures and officials will report back in due course.

    Mr Mundell insists a no-deal Brexit is a "very unlikely event".

  13. Background: Scottish government wants devolution changes over Brexit rowpublished at 09:35 British Summer Time 6 September 2018

    Scottish Brexit minister Mike Russell

    The Scottish government said in June that its wants changes to the devolution settlement following the failure to reach a deal over the EU Withdrawal Act.

    MPs were debating changes to the Brexit bill as ministers sought to reverse defeats in the House of Lords.

    Holyrood did not give its consent to the bill - but there was little time for MPs to discuss its concerns.

    Scottish Brexit minister Mike Russell said devolution was "being treated with contempt by the UK government".

    Read more.

  14. And we're off..........published at 09:33 British Summer Time 6 September 2018

    David Mundell

    Convener Bruce Crawford welcomes Scottish Secretary David Mundell to the session.

  15. Postpublished at 09:24 British Summer Time 6 September 2018

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  17. Welcome to Holyrood Live!published at 15:31 British Summer Time 3 September 2018

    Good morning and welcome to Holyrood Live on Thursday 6 September 2018.

    Another busy day at the parliament awaits, with first minister's questions being the undoubted highlight.

    Party leadersImage source, BBC/PA
    Image caption,

    The first first minister's questions of the session promises to be a belter!

    First this morning though, Scottish Secretary David Mundell is discussing the European Union (Withdrawal) Act with the Finance and Constitution Committee.

    Tory MSP Liam Kerr will lead a debate at lunchtime calling for the introduction of “Michelle’s Law”, calling for greater rights for crime victims.

    Then the final debate on the programme for government takes us to the end of the day, with a focus on public services.