Leaving the EU: Scotland and Wales Continuity Bills

Deidre Brock Excerpts

Wednesday 18th April 2018 Commons Chamber

[The Attorney General]

My hon. Friend is right. As I said, there surely cannot be any doubt that there is a difference of view about whether the Bills are within competence or not. It is not simply the Government who have done that. The Presiding Officer of the Scottish Parliament has expressed the same view. To resolve the dispute, the devolved settlements are very clear: it is for the Supreme Court to do that. We make a reference so that they can, but the problem will go away if we can resolve this through negotiation. I certainly hope that we do.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

The Attorney General stated, along with the Advocate General for Scotland, that it was the Presiding Officer of the Scottish Parliament’s opinion that triggered the legal action in this case. Can we then be given a clear answer on why the Welsh Bill is also being challenged? If he is incorrect and if the Advocate General for Scotland is incorrect, what is the real reason for a legal challenge to Scotland’s right to legislate?

[The Attorney General]

No, I did not say that the view of the Presiding Officer of the Scottish Parliament triggered the reference. What I said was this: what the Scottish Parliament’s Presiding Officer thinks about that is good evidence that there is a dispute that needs to be resolved—and it does. It is no good the SNP selectively quoting at us what has happened here. It is no good saying that the Lord Advocate thinks it is within competence and forgetting that the Presiding Officer does not think it is within competence. All that demonstrates—this is my point, Mr Speaker—is that there is a disagreement, and when there is a disagreement the devolved settlement makes it very clear that it needs to be settled by the Supreme Court. Unless we can settle it another way, that is what will happen.