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Fresh talks over Brexit row to be held 'Movement' reported in UK-Scotland Brexit talks
(about 7 hours later)
The latest round of talks aimed at breaking the Brexit deadlock between the UK and Scottish governments is to be held in London. Scotland's Brexit minister Michael Russell has said there has been movement in talks over how devolution will be affected by the UK leaving the EU.
But, speaking on the Good Morning Scotland programme, he said "we are not there yet" in reaching an agreement.
The latest round of talks between the UK and Scottish governments is to be held in London later.
UK government sources had suggested a breakthrough was close.
The talks are centred on whether powers return to Westminster or Holyrood from Brussels after the UK leaves the EU.The talks are centred on whether powers return to Westminster or Holyrood from Brussels after the UK leaves the EU.
There have been conflicting reports in recent days of how much progress is being made behind the scenes. Mr Russell said: "There has been movement and I want to pay tribute to everybody involved in that on both sides.
UK government sources suggested a breakthrough is close - but their Scottish counterparts played this down. "I think that's as a result of us expressing our frustration earlier this month that nothing really was happening.
"But we're not there yet and there are some very serious issues to be considered."
The Scottish government has repeatedly insisted that the EU Withdrawal Bill is a "power grab" as it will see Westminster, rather than Holyrood, take control of 111 EU powers in devolved areas such as agriculture and fishing immediately after Brexit.The Scottish government has repeatedly insisted that the EU Withdrawal Bill is a "power grab" as it will see Westminster, rather than Holyrood, take control of 111 EU powers in devolved areas such as agriculture and fishing immediately after Brexit.
On Wednesday, UK government sources told BBC Scotland that they had sent proposals to Scottish government officials that would see major changes made to the bill.On Wednesday, UK government sources told BBC Scotland that they had sent proposals to Scottish government officials that would see major changes made to the bill.
They said this could represent a big step forward in the negotiations as it would result in the powers going directly from Brussels to Holyrood rather than being parked temporarily at Westminster.They said this could represent a big step forward in the negotiations as it would result in the powers going directly from Brussels to Holyrood rather than being parked temporarily at Westminster.
BBC Scotland political editor Brian Taylor said there had been movement on the issue, but that it was unclear how close to an agreement the two sides are.BBC Scotland political editor Brian Taylor said there had been movement on the issue, but that it was unclear how close to an agreement the two sides are.
The major sticking point is that the UK government wants to retain "supervision" over some of the powers that go to Holyrood until UK-wide common frameworks are put in place.The major sticking point is that the UK government wants to retain "supervision" over some of the powers that go to Holyrood until UK-wide common frameworks are put in place.
It believes this is needed to prevent the UK's internal market being disrupted by different parts of the country introducing separate rules and standards for things like fishing, farming, food labelling and environmental protection.It believes this is needed to prevent the UK's internal market being disrupted by different parts of the country introducing separate rules and standards for things like fishing, farming, food labelling and environmental protection.
The Scottish government says it is not opposed to UK-wide frameworks - but that, as they stand, the proposals would effectively give Westminster a veto over some of the Scottish Parliament's new powers.The Scottish government says it is not opposed to UK-wide frameworks - but that, as they stand, the proposals would effectively give Westminster a veto over some of the Scottish Parliament's new powers.
What is the UK government proposing?What is the UK government proposing?
Analysis by Brian Taylor, BBC Scotland political editorAnalysis by Brian Taylor, BBC Scotland political editor
As I disclosed some weeks ago - when the issue was last discussed by ministers - the proposal in the EU Withdrawal Bill has been flipped.As I disclosed some weeks ago - when the issue was last discussed by ministers - the proposal in the EU Withdrawal Bill has been flipped.
The devolved powers will be returned to Scotland, Wales and NI. But with a caveat.The devolved powers will be returned to Scotland, Wales and NI. But with a caveat.
You will not be surprised to learn that it is the caveat which is causing contention. Indeed, the two sides tend to describe it in different terms, exemplifying their different standpoints.You will not be surprised to learn that it is the caveat which is causing contention. Indeed, the two sides tend to describe it in different terms, exemplifying their different standpoints.
Talk to sources in the Scottish government - and they describe the caveat as a "veto". Talk to sources in the UK government and they talk of a "backstop".Talk to sources in the Scottish government - and they describe the caveat as a "veto". Talk to sources in the UK government and they talk of a "backstop".
So what is intended? The idea is that the powers would be returned to the devolved administrations - but the UK government would retain supervision over certain of those powers in the first instance.So what is intended? The idea is that the powers would be returned to the devolved administrations - but the UK government would retain supervision over certain of those powers in the first instance.
In essence, to avoid initial disparity, UK ministers would insist upon the adherence to EU rules - essentially replicating the EU framework, at first.In essence, to avoid initial disparity, UK ministers would insist upon the adherence to EU rules - essentially replicating the EU framework, at first.
This would not apply to all the powers or anything like the totality. But it would be key powers such as agriculture, fisheries, food labelling and others.This would not apply to all the powers or anything like the totality. But it would be key powers such as agriculture, fisheries, food labelling and others.
Read more from BrianRead more from Brian
In an article in the Guardian newspaper on Wednesday, Deputy First Minister John Swinney and Brexit Secretary Michael Russell said the new proposals still represented a power grab.
They said the original list of 111 responsibilities that would go to Westminster rather than Holyrood had been "cut down" after many months of meetings.
But they added: "Make no mistake, although the list is shorter the demand remains the same: Westminster must decide.
"This remains a power grab in critical areas at the heart of the devolution settlement, areas such as fishing, farming, GM crops, vital aspects of environmental quality, food standards and state aid.
"This would mean, for example, that if the Tories wanted to lower food standards we could do little to prevent it. If they wanted to reduce environmental quality requirements we would be similarly powerless."
The two sides have until March to reach an agreement before the Brexit bill passes through the House of Lords and becomes law.The two sides have until March to reach an agreement before the Brexit bill passes through the House of Lords and becomes law.
Passing the bill without the backing of the Scottish Parliament could be politically problematic for the prime minister, who would be accused of ignoring Scottish opinion.Passing the bill without the backing of the Scottish Parliament could be politically problematic for the prime minister, who would be accused of ignoring Scottish opinion.