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Holyrood could be overruled by Westminster after MSPs refuse Brexit bill consent

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The Scottish Parliament faces being overruled by Westminster after MSPs confirmed they would not support key Brexit legislation.

MSPs voted to deny consent for the UK Government’s Withdrawal Bill, which transfers EU laws to domestic statute books.

SNP, Labour, Greens and Liberal Democrats joined forces to send a message that Downing Street’s plans were unacceptable, leaving the Scottish Conservatives isolated in the process.

But the UK and Scottish administrations said there was still the opportunity to strike a deal.

Michael Russell, the Brexit Secretary, said Conservative ministers wanted to “muzzle” the Scottish Parliament with its “power grab”.

“They want to ignore the reality of devolution”, Mr Russell told parliament.

“They want to drown out what this parliament says. But not even they can pretend that no motion has been passed.”

MSPs supported a motion to deny consent by 93 votes to 30 last night.

Adam Tomkins, the Scottish Conservative MSP, said Nicola Sturgeon wanted a “political crisis to provide cover for her independence drive”.

“The SNP has taken the wrong path today. It’s deeply disappointing that the leaders of Labour and the Lib Dems have helped them do it.”

The Withdrawal Bill covers devolved areas so requires the approval of Holyrood, under a legally-enshrined convention of the devolution settlement.

However, the Scotland Act maintains that Westminster is sovereign and can override refusal in circumstances that are not “normal”.

Westminster has never previously ploughed on with legislating in devolved areas without securing Holyrood’s consent.

David Mundell, the Scottish secretary, was “disappointed” by the vote but added: “We remain hopeful that the Scottish Government will still come on board.  Even at this late stage our door remains open.”

Neil Findlay, Scottish Labour’s Brexit spokesman, said: “The people of Scotland want this mess fixed and even after this vote there is still time to do that.

“It is welcome that both the UK and Scottish Government have agreed to cross-party talks to resolve this deadlock and this must begin urgently.”

The bill is before the Lords on Wednesday ahead of its return to the Commons for final voting.