The UK government is making clear that it believes the Scottish parliament has no say over the Brexit process because it is about foreign affairs and the constitution, both of which are reserved powers to Westminster. That will never fly.
Repealing the 1972 European Communities Act will directly affect Holyrood’s powers, not just because Brussels law will no longer apply here. There is a whole raft of questions about what powers would or should be repatriated to Holyrood,like agriculture and fishers. There are important questions about whether Scottish workers still have protections at work that were enshrined in EU law.
So, most commentators have assumed that Holyrood should have to be given a say on all this. Since 1999, under what used to be called the Sewel Convention, Holyrood has had the right to vote on acts of the Westminster Parliament that have an impact on devolved powers. MSPs have…
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