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Scottish government publishes alternative Brexit bill Scottish government publishes alternative Brexit bill
(35 minutes later)
Scottish ministers have tabled their own alternative to the EU Withdrawal Bill at Holyrood.Scottish ministers have tabled their own alternative to the EU Withdrawal Bill at Holyrood.
The Scottish and UK governments are locked in a dispute over sections of the Westminster bill relating to devolved powers.The Scottish and UK governments are locked in a dispute over sections of the Westminster bill relating to devolved powers.
A continuity bill has been introduced at Holyrood as a stop-gap solution if MSPs do not consent to the UK bill.A continuity bill has been introduced at Holyrood as a stop-gap solution if MSPs do not consent to the UK bill.
However, the presiding officer has not backed the move, saying it is not for Holyrood to legislate on.However, the presiding officer has not backed the move, saying it is not for Holyrood to legislate on.
Scottish ministers disagree, and are expected to press ahead with the legislation anyway. Scottish ministers "respectfully disagree", and are to press ahead with the legislation anyway.
The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill has now been formally introduced at Holyrood.The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill has now been formally introduced at Holyrood.
It is an alternative to the EU Withdrawal Bill, focused on devolved matters, to be used in the event that MSPs do not give their consent to the Westminster legislation.It is an alternative to the EU Withdrawal Bill, focused on devolved matters, to be used in the event that MSPs do not give their consent to the Westminster legislation.
The Scottish government says there was still scope for a deal to be agreed with Westminster, but has rejected the current offer from UK ministers.The Scottish government says there was still scope for a deal to be agreed with Westminster, but has rejected the current offer from UK ministers.
Cabinet Office minister David Lidington said on Monday that he had made a "considerable offer" to the devolved administrations, involving "significant" changes to the legislation.Cabinet Office minister David Lidington said on Monday that he had made a "considerable offer" to the devolved administrations, involving "significant" changes to the legislation.
But First Minister Nicola Sturgeon said she "will not sign up to something that effectively undermines the whole foundation on which devolution is built".But First Minister Nicola Sturgeon said she "will not sign up to something that effectively undermines the whole foundation on which devolution is built".
The Lord Advocate, Scotland's top law officer, is expected to address the Holyrood chamber on Wednesday about the legality of the continuity bill.The Lord Advocate, Scotland's top law officer, is expected to address the Holyrood chamber on Wednesday about the legality of the continuity bill.
However Presiding Officer Ken Macintosh has announced that he does not believe it currently falls within Holyrood's remit, which may leave the legislation open to legal challenge if it is passed. However, Presiding Officer Ken Macintosh has announced that he does not believe it currently falls within Holyrood's remit, which may leave the legislation open to legal challenge if it is passed.
He said the bill "anticipates the impact of the withdrawal of the United Kingdom from the European Union", and as such "assumes that the parliament can make provision now for the exercise of powers which it is possible the parliament will acquire in the future".
He said that as it stands, the bill "would not be within the legislative competence of the parliament".
'Emergency timetable'
Mr Russell told MSPs that he would "respectfully disagree" with Mr Macintosh, saying the Lord Advocate was happy for it to go ahead.
And he noted that a similar bill tabled at the Welsh parliament had the backing of Mr Macintosh's opposite number in Wales.
He said: "If the UK government drops its power grab then it may still be possible to reach agreement, in which case we would not need to proceed with the continuity bill.
"But we are proposing this bill should be put through on an emergency timetable to ensure it becomes law in time to make the necessary preparations."
Scottish Conservative constitution spokesman Adam Tomkins said the bill was "unwelcome and unnecessary", saying that "a fix is within reach" via a deal between the two governments.
The introduction of the continuity bill, which would deal with the sections of the EU Withdrawal Bill relating to devolved areas, is the latest stage of a long-running row between the UK and Scottish and Welsh governments over post-Brexit powers.The introduction of the continuity bill, which would deal with the sections of the EU Withdrawal Bill relating to devolved areas, is the latest stage of a long-running row between the UK and Scottish and Welsh governments over post-Brexit powers.
Ministers are at loggerheads over how powers currently exercised in Brussels are divided up after the UK leaves the EU.Ministers are at loggerheads over how powers currently exercised in Brussels are divided up after the UK leaves the EU.
All agree that certain powers will be incorporated into UK-wide frameworks, but there is dispute over who will have final oversight of this, with UK ministers arguing that they should have the final say in some cases to "protect the essential interests of businesses and consumers in every part of the kingdom".All agree that certain powers will be incorporated into UK-wide frameworks, but there is dispute over who will have final oversight of this, with UK ministers arguing that they should have the final say in some cases to "protect the essential interests of businesses and consumers in every part of the kingdom".
Mr Russell contends that this amounts to Westminster "using Brexit to try to take control of devolved powers without the agreement of the Scottish Parliament".Mr Russell contends that this amounts to Westminster "using Brexit to try to take control of devolved powers without the agreement of the Scottish Parliament".