Scotland’s Place in Europe

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4 | SCOTLAND’S PLACE IN EUROPE have the powers necessary to seek to maintain pan-European links in important areas of devolved competence, for example Horizon 2020, Erasmus and Europol. c) Safeguarding and significantly expanding the powers of the Scottish Parliament. Leaving the EU must not result in greater concentration of powers at Westminster. Powers to be “repatriated” from Brussels that are already within the current responsibilities of the Scottish Parliament, such as agriculture and fisheries, must remain fully devolved, with decisions on any UK-wide frameworks being for agreement between the UK Government and the Devolved Administrations. In addition, and whatever the outcome of our efforts to keep Scotland in the European Single Market, “repatriated” powers not currently within areas of devolved competence, for example employment and health and safety laws, should be devolved to enable the Scottish Parliament to protect key rights. More generally, the current division of responsibilities between the Scottish Parliament and Westminster must be reconsidered to ensure that the Parliament is able to protect Scotland’s interests and to reflect the change that will be effected to the UK’s constitutional settlement by leaving the EU. This should include consideration of significant new powers to secure any differentiated relationship with Europe. 10. In exploring all options for Scotland, we will make certain assumptions – and this paper will make those assumptions clear. However, we are operating in a fluid situation. If those assumptions shift and change, so too may the detail of our proposals and how we will achieve Scotland’s interests. So while we have set out our current preference to protect our interests, we remain open to other options which may emerge as the wider debate develops. 11. We know that leaving the EU will be extremely complex with a huge range of significant issues to be addressed across all the main policy areas of government. It will have significant implications for businesses and citizens throughout the UK (for example, food safety regulations, market access, cyber security, defence, medicine approvals, energy market regulation and interconnectedness to name but a few). 12. We do not believe these will all be addressed through the Article 50 process, but will require a much longer timeframe if they are to be tackled properly. 13. We need clear and detailed assurances from the UK Government that sensible transitional arrangements will form part of the negotiations with the EU, covering the period between the UK leaving the EU and any future agreement coming into effect. Clarity on such transitional measures will be essential to maintain business and consumer confidence and sustain the health of our economy. This is increasingly recognised by the UK Government – for example, the Chancellor has recently outlined that Brexit may take four years or more 4 . The House of Lords also highlighted the importance of establishing transitional arrangements to mitigate the shock that would follow were the UK to leave the EU without securing agreement on future trading relations with the EU 5 . 4 http://parliamentlive.tv/Event/Index/654d5671-e4a2-4f7d-85aa-76fd2cd6df80 5 http://www.publications.parliament.uk/pa/ld201617/ldselect/ldeucom/72/7202.htm
SCOTLAND’S PLACE IN EUROPE | 5 Standing Council on Europe 14. The First Minister’s Standing Council on Europe has been important in helping us consider options to protect and promote Scotland’s interests in the context of Brexit. The First Minister is indebted to members of the Standing Council for their time and energy in supporting our work. 15. The Standing Council is an independent group of advisers who have expertise in various aspects of European integration and the European Union, as well as in business, diplomacy, human rights, social protections and education. The Standing Council recognises the significant economic and social challenges we will face as a country if, in the future, Scotland is no longer a member of the European Single Market. Like the Scottish Government, our advisers recognise that some of the proposals in this paper are legally and technically challenging and would require significant political will to implement. The views of Standing Council members naturally differ on some aspects of the analysis and options in this paper, but all members share a common concern to limit the damage that Brexit will do to Scotland. 16. While this paper has benefited considerably from the work of the Standing Council, it is published by the Scottish Government and represents the views of Scottish Ministers.
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Scotland’s Place in Europe

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