European Union (Withdrawal) Bill: Implications for devolution Contents


The European Union (Withdrawal) Bill

1.The UK Government has introduced the European Union (Withdrawal) Bill to give effect to the UK’s decision to leave the EU. The Bill would:

2.The Bill includes several provisions which would either directly affect Scotland’s devolution settlement or create delegated powers which could be used by UK ministers to amend legislation in devolved areas of responsibility. These provisions are:

These provisions reflect the intentions set out in the UK Government’s White Paper, Legislating for the United Kingdom’s withdrawal from the European Union,2 which was published on 30 March 2017.

3.The Bill was introduced in the House of Commons on 13 July 2017 and received its Second Reading on 11 September 2017. The House agreed that Committee stage of the Bill will last eight days, and this commenced on Tuesday 14 November.

This Report

4.Given the significant implications this Bill has for Scotland’s devolution settlement, we have produced this short Report to inform the House’s consideration of the Bill. Our Report is informed by evidence from academics, a representative of the Law Society of Scotland, the Scottish Government’s Minister for UK Negotiations on Scotland’s Place in Europe, and the Secretary of State for Scotland. We would like to thank all of those who gave evidence to us on this subject.

5.There are a wide range of views on the Committee regarding the content of this Bill. This Report focuses on those areas where we are in agreement, but some Members feel that there should be more substantial changes to this Bill.

1 European Union (Withdrawal) Bill [Bill 005 (2017–19)]

2 Department for Exiting the European Union, Legislating for the United Kingdom’s withdrawal from the European Union, Cm 9446, March 2017

16 November 2017