Adam Tomkins calls on UK government to respect devolution settlement in repatriation dispute

The UK government should compromise with the Scottish government in its disagreement over the Brexit bill, a leading Scottish Conservative has said.

Professor Adam Tomkins said Brexit must respect the devolution settlement and that the bill must be amended to obtain Scottish government consent.

The governments are currently at loggerheads over the powers that will be repatriated from Brussels following the UK’s exit from the European Union.

The Scottish government wants powers in 111 devolved areas to go directly to Holyrood upon Brexit but the EU Withdrawal Bill stipulates that those powers will return to Westminster.

However, the UK government said any powers not part of UK-wide frameworks will then be given to the devolved parliaments.

Writing in The Scotsman, Professor Tomkins said: “We need to see movement on both sides to find a solution. Brexit must be delivered in a way that respects devolution.

“Looking at the substance of the 111 powers, many can safely be devolved without further ado; why aviation noise, for example, would need to come under a UK-wide framework I do not know.

“But there are some - a small number in important policy areas - where some sort of common framework will be needed.”

He added: “This now needs to be accelerated: that is the key to unlocking agreement on the EU Withdrawal Bill.

“The EU Withdrawal Bill has a long way to go before it is enacted, and it will need to be amended in order to obtain Scottish and Welsh consent. All of this is straightforwardly achievable.”

A UK government spokesman said the bill was “designed to ensure that the UK exits the EU with certainty, continuity and control”.

He added: “The UK government has been clear that it stands ready to listen to those who offer improvements to the bill - but we will do nothing that risks undermining the benefits of the UK, such as its internal market.

“We have always said we expect that the return of powers from the EU will lead to a significant increase in the decision making powers for the devolved administrations.”