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 government’s appeal was dismissed in the Supreme Court yesterday. This means that Parliament has to give its approval before the formal process of leaving the EU can begin. The judgement and summary documents are available here.
The original case was about prerogative powers, defined by the High Court in the original case as “the residue of legal authority left in the hands of the Crown” however as the UK has a sovereign parliament it is argued that prerogative powers cannot be used to overrule legislation. The government argued, however, that it did have the prerogative power to “make and unmake treaties” allowing it to launch the process without requiring an Act of Parliament.