In the bill, as it stands, powers currently devolved to Scotland would be handed back to Westminster from the EU, in the first instance. Westminster would then devolve these again to the Scotland or perhaps they wouldn’t. There would be no guarantees and already we’ve had Michael Gove refusing to guarantee that the current £700 million of funding for forestry, hill farmers and crofters would automatically be devolved. This is only one of many devolved powers in the areas of agriculture, environment and economic planning which the Scottish Government suspect the centralist-minded Tories would prefer to see returned to Westminster. David Mundell has also said that not all powers would be returned to Scotland. It has even been suggested that the ban on fracking in Scotland could be reversed as powers return to Westminster.
The Scottish and Welsh governments seem likely to refuse consent unless the bill is amended to explicitly guarantee currently devolve powers. According to the SNP, 111 powers are at risk. The Welsh government have identified 64 powers they could lose. Here are the 111:
1.Agricultural Support
2.Agriculture – Fertiliser Regulations
3.Agriculture – GMO Marketing & Cultivation
4.Agriculture – Organic Farming
5.Agriculture – Zootech
6.Animal Health and Traceability
7.Animal Welfare
8.Aviation Noise Management at Airports
9.Blood Safety and Quality
10.Carbon Capture & Storage
11.Chemicals regulation (including pesticides)
12.Civil judicial co-operation – jurisdiction and recognition & enforcement of judgments in civil & commercial matters (including B1 rules and related EU conventions)
13.Civil judicial co-operation – jurisdiction and recognition & enforcement of judgments instruments in family law (including BIIa, Maintenance and civil protection orders)
14.Civil judicial cooperation on service of documents and taking of evidence
15.Criminal offences minimum standards measures – Combating Child Sexual Exploitation Directive
16.Control of major accident hazards
17.Cross border mediation
18.Data sharing – (EU fingerprint database (EuroDac)
19.Data sharing – European Criminal Records Information System (ECRIS)
20.Data sharing – False and Authentic Documents Online (FADO)
21.Data sharing – passenger name records
22.Data sharing – Prüm framework
23.Data sharing – Schengen Information System (SIS II)
24.Efficiency in energy use
25.Elements of Reciprocal Healthcare
26.Elements of the Network and Information Security (NIS) Directive
27.Elements of Tobacco Regulation
28.Energy Performance of Buildings Directive
29.Environmental Impact Assessment (EIA) Directive
30.Environmental law concerning energy planning consents
31.Environmental law concerning offshore oil & gas installations within territorial waters
32.Environmental quality – Air Quality
33.Environmental quality – Chemicals
34.Environmental quality – Flood Risk Management
35.Environmental quality – International timber trade (EUTR and FLEGT)
36.Environmental quality – Marine environment
37.Environmental quality – Natural Environment and Biodiversity
38.Environmental quality – Ozone depleting substances and F-gases
39.Environmental quality – Pesticides
40.Environmental quality – Spatial Data Infrastructure Standards
41.Environmental quality – Waste Packaging & Product Regulations
42.Environmental quality – Waste Producer Responsibility Regulations
43.Environmental quality – Water Quality
44.Environmental quality – Water Resources
45.Environmental quality – Biodiversity – access and benefit sharing of genetic resources
46.Equal Treatment Legislation
47.EU agencies – EU-LISA
48.EU agencies – Eurojust
49.EU agencies – Europol
50.EU Social Security Coordination
51.Fisheries Management & Support
52.Food and Feed Law
53.Food Compositional Standards
54.Food Geographical Indications (Protected Food Names)
55.Food Labelling
56.Forestry (domestic)
57.Free movement of healthcare (the right for EEA citizens to have their elective
procedure in another member state)
58.Genetically modified micro-organisms contained use
59.Good laboratory practice
60.Harbours
61.Hazardous Substances Planning
62.Heat metering and billing information
63.High Efficiency Cogeneration
64.Implementation of EU Emissions Trading System
65.Ionising radiation
66.Land use
67.Late payment (commercial transactions)
68.Legal aid in cross-border cases
69.Migrant Access to benefits
70.Minimum standards -housing & care: regulation of the use of animals
71.Minimum standards legislation – child sexual exploitation
72.Minimum standards legislation – cybercrime
73.Minimum standards legislation – football disorder
74.Minimum standards legislation – human trafficking
75.Mutual recognition of professional qualifications
76.Mutual recognition of criminal court judgments measures & cross border cooperation –
European Protection Order, Prisoner Transfer Framework Directive, European
Supervision Directive, Compensation to Crime Victims Directive
77.Nutrition health claims, composition and labelling
78.Onshore hydrocarbons licensing
79.Organs
80.Plant Health, Seeds and Propagating Material
81.Practical cooperation in law enforcement – Asset Recovery Offices
82.Practical cooperation in law enforcement – European Investigation Order
83.Practical cooperation in law enforcement – Joint Action on Organised Crime
84.Practical cooperation in law enforcement – Joint investigation teams
85.Practical cooperation in law enforcement – mutual legal assistance
86.Practical cooperation in law enforcement – mutual recognition of asset freezing orders
87.Practical cooperation in law enforcement – mutual recognition of confiscation orders
88.Practical cooperation in law enforcement – Schengen Article 40
89.Practical cooperation in law enforcement – Swedish initiative
90.Practical cooperation in law enforcement – European judicial network
91.Practical cooperation in law enforcement – implementation of European Arrest
Warrant
92.Procedural rights (criminal cases) – minimum standards measures
93.Provision of legal services
94.Provision in the 1995 Data Protection Directive (soon to be replaced by the General
Data Protection Regulation) that allows for more than one supervisory authority in
each member state
95.Public sector procurement
96.Public health (serious cross-border threats to health)
97.Radioactive Source Notifications – Trans-frontier shipments
98.Radioactive waste treatment and disposal
99.Rail franchising rules
100.Rail markets and operator licensing
101.Recognition of insolvency proceedings in EU Member States
102.Renewable Energy Directive
103.Rules on applicable law in civil & commercial cross border claims
104.Sentencing – taking convictions into account
105.State Aid
106.Statistics
107.Strategic Environmental Assessment (SEA) Directive
108.Tissues and cells
109.Uniform fast-track procedures for certain civil and commercial claims (uncontested
debts, small claims)
110.Victim’s rights measures (criminal cases)
111.Voting rights and candidacy rules for EU citizens in local government elections
When you see the full list like this, I think the potential damage to devolution becomes clear.
Finally, what difference will Scotland refusing consent make? If the Tories refuse to amend the bill to satisfy the devolved administrations and they then refuse consent, the UK Parliament could block the Bill but only if the DUP and the Scottish Tories break ranks. If that does not happen the bill will go through, politely noting the dissent from Scotland and Wales, and perhaps be implemented as it stands. You could argue, of course, that this would create a constitutional crisis and be a gift to the Yes campaign. Of course, Brexit may not happen at all. See these:
Talking-up Scotland 
Reblogged this on Ramblings of a 50+ Female.
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Thanks TSD. Keep spreading! Any idea how many readers you get?
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I’ve let my blogging lapse but when I reblog The Wee Ginger Dug I get around 25 readers that day. I don’t know which countries they’re from, though. I keep telling myself that I should start blogging again but never seem to get round to it!
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For British nationalists, centralising UK power back to Westminster is every bit as important as leaving the EU. For them devolution was an historic mistake, and it’s not just the Tories who feel this: witness the response of Gordon Brown when Labour lost Holyrood, or the petulance expressed when new Nuclear power stations could no longer be foisted on Scotland. Mr Corbyn has already stated he seems no need for differing legal systems in the UK. BBC North Britain was quite happy to dub Gove the UK Fish and Ag Minister.
We can aw’ be Jock Tamsin’s bairns, or…………our mater and pater can be May/Corbyn…….perish the thocht.
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I can’t help but like Corbyn but as you point out, I need to remember he’s still a Unionist. Nice Unionists are more dangerous because they can seduce the Scottish working classes
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Reblogged this on campertess.
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