Summary

  • MSPs reject the Withdrawal Agreement Bill, after a debate on whether to give consent to the legislation currently going through Westminster

  • Brexit Secretary Mike Russell urged MSPs to back his motion and all but the Tories did

  • The minister said 'we cannot approve it because it goes contrary to the wishes of the majority of Scotland'

  • Tory MSP Adam Tomkins argued the Scottish government would not back any Brexit Bill

  1. 'The principle of consent has been turned into a meaningless sham'published at 16:14 Greenwich Mean Time 8 January 2020

    Mr Harvie says the Scottish secretary has said at Westminster today that this legislation will be imposed on Scotland, regardless of consent being withheld.

    The UK government does not "give a damn" whether it gets consent for the WAB or not, he argues.

    The Scottish Green Party co-leader says: "The principle of consent has been turned into a meaningless sham."

    "We should oppose the amendment, oppose the bill and support the motion," he concludes.

  2. Changes to WAB all to the worse - Harviepublished at 16:09 Greenwich Mean Time 8 January 2020

    Scottish Green co-leader Patrick Harvie

    Scottish Green co-leader Patrick Harvie begins: "There is nothing to like about this process."

    There is a clear democratic view from the people of Scotland he says, highlighting they rejected Brexit in 2016 as well as at the recent election.

    That alone would be enough to reject the WAB he argues.

    Mr Harvie says the changes made to this bill from the previous versions have all been for the worse.

    The new bill deletes scrutiny of the future relationship with the EU, he says.

  3. Meanwhile...............published at 16:08 Greenwich Mean Time 8 January 2020

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  4. Background: What's in the WAB?published at 16:05 Greenwich Mean Time 8 January 2020

    Among other things:

    • It sets out exactly how the UK will make "divorce bill" payments to the EU for years to come
    • It repeals the European Communities Act, which took the UK into the EU, but then reinstates it immediately until the end of 2020 when the transition period ends
    • It contains language on how the new protocol on Ireland - setting up what amounts to a customs and regulatory border between Northern Ireland and Great Britain - will work in practice
    • It sets out areas in which the European Court of Justice still plays a role in the UK, and makes the withdrawal agreement in some respects "supreme" over other areas of UK law
    BorisImage source, AFP
    • One of those areas may be in the arbitration procedure for disputes about the withdrawal agreement. The bill introduces a duty for the government to report on this
    • It prohibits any extension to the transition period beyond the end of 2020, even if a free trade deal isn't ready in time
    • In the section on citizens' rights it sets up an independent monitoring authority (IMA) with which EU nationals in the UK can lodge any complaints about the way the government treats them
    • In several policy areas, particularly in Northern Ireland, the bill gives ministers a lot of power to change the law (through secondary legislation) without MPs getting to vote
    • It introduces a duty for the government to report on its use of the arbitration procedure for disputes about the withdrawal agreement
  5. UK ministers content to 'carry on regardless' of negative impact on economypublished at 15:58 Greenwich Mean Time 8 January 2020

    Mr Rowley says UK ministers are content to carry on regardless of the negative impact on the economy.

    The Labour MSP warns of the prospect of the NHS being opened up to US markets and substandard food imports flooding the UK, due to a future trade deal with Donald Trump.

    "I do not believe this is really the kind of deal people would want to happen."

    He calls for Scotland to be equal partners and to have a key role in Brexit negotiations, but as that will not happen Labour will back the government at decision time.

  6. UK heading for 'hard and damaging Brexit deal'published at 15:55 Greenwich Mean Time 8 January 2020

    Labour MSP Alex Rowley

    Labour MSP Alex Rowley begins by confirming his party will support the Scottish government's motion.

    He says the withdrawal agreement will cause damage to Scotland, particularly given the UK government has removed protections on workers rights and for child refugees in the latest version.

    At a minimum we are heading for a "hard and damaging Brexit deal", he states.

    "While Brexit will now happen, it will not be over with for a very very long time," Mr Rowley adds.

  7. What is the Withdrawal Agreement Bill?published at 15:50 Greenwich Mean Time 8 January 2020

    More flagsImage source, Reuters

    Armed with its new majority, the government has published a revised version of its Withdrawal Agreement Bill, external (WAB) to ensure that it can take the UK out of the EU on 31 January.

    The WAB turns Boris Johnson's withdrawal agreement, which is a draft international treaty, into UK law and gives the government permission to ratify it.

    Bills to implement major European treaties usually take several weeks to get through Parliament, and sometimes considerably longer.

    But the government is determined to push this bill through pretty quickly, to avoid another Brexit delay. It passed its second reading by 358 to 234 - a majority of 124 - and it is being debated further this week

    The opposition would have liked more time to scrutinise the bill in detail. It is, they argue, one of the most important pieces of legislation in decades, and MPs need to be sure they know exactly what it says and does.

    But the government insists that sufficient time for scrutiny has been be given.

    Read more here.

  8. Majority of constitution committee recommends withholding consentpublished at 15:47 Greenwich Mean Time 8 January 2020

    Constitution committee convener Bruce CrawfordImage source, bbc
    Image caption,

    Constitution committee convener Bruce Crawford

    Bruce Crawford says the constitution committee took evidence from Mike Russell this morning.

    The committee convener tells the chamber the EU Withdrawal Agreement Bill (WAB) cuts across the devolution settlement.

    He warns the impasse of the Scottish and UK government over the Sewel convention needs to be addressed as a matter of urgency.

    "The majority of the committee recommends that the Scottish Parliament does not consent to the European Union Withdrawal Bill."

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  9. 'We've had too much debate on Brexit'published at 15:43 Greenwich Mean Time 8 January 2020

    Mr Tomkins says Westminster should not and does not legislate on devolved matters in Scotland.

    But this legislation is not about devolved matters, he argues.

    He says: "We've had too much debate on Brexit, not too little."

    Mr Tomkins says he has never supported no-deal Brexit, but to really avoid this you have to support a deal - which is what this legislation does, he argues.

  10. Here is the Tory amendment...published at 15:41 Greenwich Mean Time 8 January 2020

    As an amendment to motion S5M-20318 in the name of Michael Russell (European Union (Withdrawal Agreement) Bill), leave out from "people in Scotland" to end and insert "the legislative consent memorandum indicates that the Scottish Ministers would have recommended that the Parliament withhold consent from any legislation providing for EU exit, irrespective of its content; recalls that the decision to leave the EU was taken by a clear majority of those voting in the 2016 referendum; believes that the results of referendums should be respected and implemented, rather than ignored; welcomes that the UK will be leaving the EU later this month with a Withdrawal Agreement; recalls that all parties in the Scottish Parliament have called for such an agreement to be in place before EU exit and therefore supports the Withdrawal Agreement, and consents to the European Union (Withdrawal Agreement) Bill, which will implement this agreement."Image source, Scottish Parliament
  11. SNP seeks to deny and undermine 'democratic mandate'published at 15:38 Greenwich Mean Time 8 January 2020

    Mr Tomkins says Scottish ministers have the audacity to say their opposition to the WAB is due to a democratic mandate.

    The Tory MSP says Brexit is happening because the British people decided that we should leave after a lawful referendum in 2016, the biggest single democratic act in the UK's history.

    He points out this applied to Scotland because over two million Scots voted against independence in 2014.

    Mr Tomkins argues that is a democratic mandate which the SNP has sought to deny and undermine.

  12. Tory MSP: Finally Brexit will be sortedpublished at 15:34 Greenwich Mean Time 8 January 2020

    Tory MSP Adam Tomkins

    Tory MSP Adam Tomkins says the last decade ended in a triumph for the Conservatives.

    He says this means the Withdrawal Agreement will pass and Brexit will happen at the end of this month.

    Finally Brexit will be sorted he says.

    Mr Tomkins says the Scottish government would not support any Brexit bill, regardless of its details.

    They don't like it because it will make their already threadbare case for independence all the more unattractive he argues.

  13. 'This was a bad decision but we did not take it'published at 15:31 Greenwich Mean Time 8 January 2020

    The Brexit secretary argues, in terms of Brexit, "this was a bad decision but we did not take it."

    This is a bad bill and we will not approve it, he adds.

    Mr Russell says the government has no hesitation in recommending the parliament rejects giving consent to the WAB.

  14. Postpublished at 15:29 Greenwich Mean Time 8 January 2020

    Quote Message

    We cannot approve it because it goes contrary to the wishes of the majority of Scotland."

    Mike Russell, Brexit Secretary

  15. Background: What else has been changed in the WAB?published at 15:28 Greenwich Mean Time 8 January 2020

    A clause on child refugees in the WAB has been removedImage source, Getty Images
    Image caption,

    A clause on child refugees in the WAB has been removed

    A number of clauses in the previous version of the WAB have been removed. They include:

    • A clause on child refugees. The bill removes the requirement, introduced by Lord Dubs,to agree a deal that if an unaccompanied child claims international protection in the EU, they may come to the UK if they have relatives living in the country. The new bill only requires a government minister to make a statement setting out policy on the subject within two months. Between 2016 and 2018, 426 unaccompanied children came to the UK in this way, external.
  16. 'Freedom of movement isn't a burden for Scotland, it's a boon'published at 15:27 Greenwich Mean Time 8 January 2020

    Unaccompanied children seeking asylum are some of the most vulnerable people in the world, says Mr Russell, adding it is "inexplicable" that the UK government had removed protections for them from the WAB.

    He goes on to argue: "Freedom of movement isn't a burden for Scotland, it's a boon."

    He urges the UK government to implement in UK law a commitment to protect EU citizens rights without bureaucracy.

    But he suggests EU nationals apply for the settled status scheme nonetheless.

  17. Only the narrowest and most superficial trade deal can be negotiated by end of 2020published at 15:24 Greenwich Mean Time 8 January 2020

    Mr Russell says only the narrowest and most superficial trade deal can be negotiated by the end of 2020 and he warns the UK government ruling out an extension vastly increases the chance of no deal.

    The Brexit secretary says the Scottish government has no confidence the UK government will maintain any workers protections, let alone improve them.

    A number of clauses in the previous version of WAB have been removed. They include:

    • The possibility of an extension to the transition period and the procedures around that. The bill now prohibits ministers asking for an extension.
    • Workers' rights protections - the government says these will now be part of a separate bill.

    This decision by the UK government leaves Scottish workers highly vulnerable going forward, he warns.

  18. Brexit deal is 'uniquely offensive' to Scotlandpublished at 15:21 Greenwich Mean Time 8 January 2020

    Mr Russell says leaving the EU is a "sad moment" in the history of Scotland and the UK.

    He also says it is "uniquely offensive" to Scotland because it "alone of the four nations" is being forced to leave with no special arrangements.

    The UK government has repeatedly ignored proposals from the Scottish government for Scotland, while putting them in place for Northern Ireland he argues.

    A no deal Brexit is also back on the table under the WAB, the cabinet secretary warns.

    He highlights comments from the new European Commission president today that it is unlikely that negotiations on the future relationship with the EU will be completed by the end of 2020.

  19. 'We said no to Brexit and we mean it'published at 15:18 Greenwich Mean Time 8 January 2020

    Brexit Secretary Mike RussellImage source, bbc
    Image caption,

    Brexit Secretary Mike Russell

    Brexit Secretary Mike Russell notes the just published report from the constitution committee which recommends that the Withdrawal Agreement Bill is not given consent.

    The Brexit secretary says Boris Johnson's Brexit plans were roundly rejected by the people of Scotland at the general election.

    He tells the chamber: "Scotland wants to remain in the European Union.

    "We said no to Brexit and we mean it."

    I urge all of this parliament to refuse consent to the Withdrawal Agreement Bill and in so doing refuse to back Brexit, he says.

  20. Background: MSPs set to reject UK Brexit legislationpublished at 15:17 Greenwich Mean Time 8 January 2020

    HolyroodImage source, PA

    MSPs are set to reject UK Brexit legislation after this debate at Holyrood.

    The Withdrawal Agreement Bill - which will take the UK out of the EU - is currently passing through Westminster, and is also set to be debated by MSPs.

    The Scottish government has opposed putting the bill forward for a formal devolved consent vote at Holyrood.