Scotland’s Brexit Minister Michael Russell has rejected the UK Government’s latest amendments to the EU Withdrawal Bill.
His stance has suddenly and dramatically diverged from former allies in Wales, where ministers have decided to accept the amended Westminster bill.
But Mr Russell has told Holyrood the Scottish cabinet remains “absolutely and unanimously clear” the Brexit Bill remains a threat to Scotland and devolution settlement.
“It would be an outrage if the UK Government decided to use what the people of Scotland did not vote for Brexit – to undermine what they did vote for – devolution,” he said.
“The effect of the UK Government’s latest proposal remains this: the Scottish Parliament’s powers could be restricted without consent.
“This is not something the Scottish Government could recommend the parliament approves.”
Mr Russell said the UK Government should now either remove clause 11 from the Withdrawal Bill or amend the clause to give Holyrood full control over devolved powers.
However, despite the Welsh and Scottish devolved administrations previously standing shoulder to shoulder against a bill the SNP, Labour, Lib Dems and Greens described as “trampling over the devolution settlement”, a rift has now appeared.
Welsh Finance Secretary Mark Drakeford said he was satisfied the new sunset clauses would guarantee any UK Government “freezing” of devolved powers would be limited to five years following the transition period.
He said: “London has changed its position so that all powers and policy areas rest in Cardiff, unless specified to be temporarily held by the UK Government.
“These will be areas where we all agree common, UK-wide rules are needed for a functioning UK internal market.”
A spokesman for the prime minister said the Scottish Government decision was “disappointing” after a “considerable offer” had been made and the final draft of the amendment would be tabled next week.
He said: “We have put a considerable offer on the table that would see the vast majority of devolved powers automatically flow from the EU flow to Belfast, Cardiff and Edinburgh.
“It is disappointing the Scottish Government has not yet felt able to agree with our amendment but we remain focused on engaging constructively with them.
“These talks have been going on for a considerable period of time, they have been constructive, and we intend to continue talking.”
