Written evidence from Prof Little to the Environment, Climate Change and Land Reform Committee of the Scottish Parliament hearing of 23 January 2018

Citation

Little G (2018) Written evidence from Prof Little to the Environment, Climate Change and Land Reform Committee of the Scottish Parliament hearing of 23 January 2018. Scottish Parliament. http://www.parliament.scot/S5_Environment/General%20Documents/Gavin_Little_Stirling_University_written_submission.pdf

Abstract
First paragraph: There is considerable uncertainty about the Brexit process and the progress of the EU (Withdrawal) Bill in the UK Parliament. Of particular controversy is clause 11 of the Bill, which in effect seeks to re-define the post-Brexit legislative competence of the Scottish Parliament by reference to a new category of “retained” EU law (i.e. rather than EU law, as is the case at the moment). Importantly, the Bill seeks to transfer very wide powers over retained EU law to UK Government ministers, pending decisions on whether common policy and legal approaches on particular issues require to be taken at a UK-wide basis: while control over some retained EU law may subsequently be devolved to Holyrood, Cardiff and Stormont, this is, on the face of the Bill, to be at the discretion of the UK Government.