A constitutional crisis in Britain inched closer Tuesday as lawmakers in Scotland and Wales moved to introduce their own legislation to prevent a perceived "power grab" by London following Brexit.
The Scottish and Welsh governments have published "continuity bills" to ensure European Union law will be retained in their nations after Britain leaves the bloc, and stop their laws being changed in Westminster without their consent.
Edinburgh and Cardiff have extensive powers over sectors such as fishing and farming and London has a long-standing convention that it will not "normally" legislate in these areas without their consent.
However, Prime Minister Theresa May's government does not want the devolved administrations to make unilateral changes to repatriated EU laws post-Brexit, so it can maintain the cohesion of Britain's internal market and prevent divergence.
Scotland and Wales regard this veto as an unwarranted intrusion into their legal territory and have threatened to withhold consent for Westminster's Brexit bill, which could leave them in a constitutional limbo.
Scotland's Brexit Minister Mike Russell told the Scottish Parliament on Tuesday that the continuity bill is designed to "retain our EU-derived law and give the government and parliament the powers they need to keep these laws operating".
Scotland's First Minister Nicola Sturgeon also warned that she retains "a mandate" to hold a second independence referendum if London tries to impose its will on Scotland.
The ruling Scottish National Party could therefore be heading for another showdown in the court of public opinion and, potentially, in legal courts.
The Scottish Parliament's presiding officer, the equivalent of the speaker in the House of Commons, has ruled that the continuity bill is beyond the parliament's powers, potentially opening it to legal challenge.
The Lord Advocate, Scotland's top law officer, disagrees and a similar bill has been backed by the presiding officer of the Welsh Assembly.
A constitutional crisis in Britain inched closer Tuesday as lawmakers in Scotland and Wales moved to introduce their own legislation to prevent a perceived “power grab” by London following Brexit.
The Scottish and Welsh governments have published “continuity bills” to ensure European Union law will be retained in their nations after Britain leaves the bloc, and stop their laws being changed in Westminster without their consent.
Edinburgh and Cardiff have extensive powers over sectors such as fishing and farming and London has a long-standing convention that it will not “normally” legislate in these areas without their consent.
However, Prime Minister Theresa May’s government does not want the devolved administrations to make unilateral changes to repatriated EU laws post-Brexit, so it can maintain the cohesion of Britain’s internal market and prevent divergence.
Scotland and Wales regard this veto as an unwarranted intrusion into their legal territory and have threatened to withhold consent for Westminster’s Brexit bill, which could leave them in a constitutional limbo.
Scotland’s Brexit Minister Mike Russell told the Scottish Parliament on Tuesday that the continuity bill is designed to “retain our EU-derived law and give the government and parliament the powers they need to keep these laws operating”.
Scotland’s First Minister Nicola Sturgeon also warned that she retains “a mandate” to hold a second independence referendum if London tries to impose its will on Scotland.
The ruling Scottish National Party could therefore be heading for another showdown in the court of public opinion and, potentially, in legal courts.
The Scottish Parliament’s presiding officer, the equivalent of the speaker in the House of Commons, has ruled that the continuity bill is beyond the parliament’s powers, potentially opening it to legal challenge.
The Lord Advocate, Scotland’s top law officer, disagrees and a similar bill has been backed by the presiding officer of the Welsh Assembly.
