First Minister offers proposals to keep Scotland in the Single Market in new paper

A paper examining proposals to keep Scotland in the European Single Market has been published by First Minister Nicola Sturgeon.

Scotland’s Place in Europe details the government’s position that, among other things, Scotland and the whole of the EU should remain in the Single Market; how Scotland could remain in it even if the rest of the UK leaves and how free movement of goods would survive if Scotland were in the Single Market but the rest of the UK was not.

It argues for further devolution to protect the rights that will no longer be underpinned by EU law and of repatriated powers that are not currently devolved but which would enable the Scottish parliament to protect key rights such as employment law.

Ms Sturgeon said: “A hard Brexit, taking us out of the EU and the Single Market, could have a devastating effect on jobs, investment and standards of living, with research suggesting up to 80,000 jobs lost in Scotland and earnings per head £2,000 lower after a decade.

“Today’s paper from the Scottish government is aimed at avoiding that outcome. Scotland’s Place in Europe is a set of proposals that are detailed and serious, but given the Scottish government’s belief that independence within the EU is the best option for Scotland, they are also a significant compromise on our part.

“A material constitutional change has occurred since 2014, and that is why the option of independence must remain on the table – without that option, Scotland would simply have to accept the inevitability of whatever decisions the UK government makes, no matter how damaging they are to Scotland’s interests. However, independence is not the focus of the paper I am publishing today.”

She added: “We want the UK government to make clear when it triggers Article 50 that it intends to stay in the Single Market and Customs Union. If it will not do so, we want the UK government to seek, as part of its negotiation, a differentiated solution for Scotland as set out here.”

Responding to the publication of the paper, president of the Law Society of Scotland, Eilidh Wiseman said: “With all the uncertainty that followed the referendum result, the Scottish government is to be commended for producing a thorough set of options which deserves proper consideration and analysis. Whatever the advantages or disadvantages of the various options, the paper provides an important contribution to the debate on Scotland’s future relationship with our European neighbours.

“The Scottish government is also right to use this paper to set out how further devolution to the Scottish Parliament may be required. There are particular issues about our legal system and constitutional arrangements which will need careful consideration once EU powers are repatriated. It is clear the Scottish Parliament may need increased devolved powers affecting justice and home affairs, environment law, farming and research.”

James Mure QC, convenor of the Faculty of Advocates’ international committee, said: “The Faculty notes with interest today’s detailed paper from the Scottish government outlining its proposals for Scotland’s place in Europe. The paper calls for a fundamental review of the devolution settlement; seeks to maintain free trade and free movement within the Single Market; and looks for clarity on transitional arrangements.

“As the First Minister says, much will depend on all parties finding the political will to create practical solutions for Scotland. The Faculty and its members will be following developments closely, and will continue to contribute their expertise to the important debate about Scotland’s place in the UK and in Europe.”

A Faculty event to examine “Scotland’s Brexit Options” has been scheduled for Friday, 10 March, 2017.

Among those attending will be Lord Carloway, the Lord President, Eleanor Sharpston QC, Advocate General at the Court of Justice of the European Union, and James Wolffe QC, the Lord Advocate.