Scottish government calls for Sewel convention to be enshrined in law following ‘breach’

In a statement to the Scottish Parliament, Mr Russell called for parliamentary discussion on the best way forward. This follows the UK government’s decision to push ahead with the EU Withdrawal Bill despite the Scottish Parliament refusing to consent to legislation that could see its powers frozen for up to seven years without agreement.

Mr Russell also confirmed the Scottish government will continue to identify and draft the legislation needed to prepare for Brexit, while making the case for Scotland to remain within the Single Market and Customs Union.

He said: “The Scottish government will do everything in its power to protect the well-being of Scotland and promote the rights and interests of everyone who lives here. We are not going to allow the process of devolution to go backwards.

“The EU Withdrawal Bill still contains unacceptable provisions that allow UK Ministers to change the powers of the Parliament without agreement. The UK government is ignoring the vote of the Parliament to refuse consent to the bill – in direct breach of the Sewel convention.

“That convention prevents Westminster legislating without consent in areas within our competence or to change our powers. The convention has never been breached before. Now it has been.

“When the most recent Scotland Act was going through the UK Parliament, we argued that references to the Sewel Convention would be nothing more than a convenient fig leaf. So it has proved.

He added: “We will provide the Parliament with the detail of the required secondary legislation at an early stage in the new session and I expect the legislative process to get underway shortly thereafter.”