Earlier this month the Scottish Parliament’s Finance and Constitution Committee stated it could not recommend legislative consent to the UK Government’s European Union Withdrawal Bill in its present form. The Committee believes clause 11 of the Bill is incompatible with the devolution settlement. Their interim report is available here. A final report will be produced on the Bill prior to the final amending stage in the House of Lords.
The Scottish Parliament Information Centre (SPICe), which provides impartial, factual, information and analysis to Members of the Scottish Parliament, has produced a briefing paper explaining what legislative consent is and its legal and political status.
The Scottish Government has indicated it may introduce its own EU Continuity Bill to prepare Scotland’s laws for Brexit. A guest post on the SPICe spotlight blog, by Professor Sionaidh Douglas-Scott, discussing this possibility is available here. Guest blog posts, of course, reflect the views of the author not SPICe or the Scottish Parliament.