Scotland’s Place in Europe

SCOTLAND’S PLACE IN EUROPE | 39
CHAPTER FOUR:
FURTHER DEVOLUTION
AND THE CONSTITUTIONAL
CONSEQUENCES OF BREXIT
172. In this chapter we demonstrate that a consequence of the EU referendum is the
need for a fundamental review of the UK’s constitutional arrangements and the
powers of the Scottish Parliament to avoid excessive concentration of power at
Westminster. As part of this, further devolution will be necessary to ensure that
Scotland can meet the requirements of the differentiated position we have set out.
The chapter covers:
a) Matters which are no longer subject to EU law and that currently sit within
Scottish Parliament competence, for instance agriculture, fisheries and education.
These must remain the responsibility of the Scottish Parliament.
b) Other areas of EU competence where devolution would allow the Scottish
Parliament to protect key rights, for example employment law, and health and
safety.
c) The need for devolution, beyond areas of “repatriated” EU competence,
to protect Scotland’s interests, including those necessary to support the
differentiated solutions for Scotland proposed in this paper, for example through
powers over immigration or to conclude international agreements.
173. Whatever the final terms of the UK’s exit from the EU, the effect on Scotland’s
constitutional position will be profound. The Scottish Parliament was established in
1999 to enable the government and laws of Scotland to reflect the values, needs
and priorities of the people of Scotland in a context underpinned by EU law. As a
result of the EU referendum the assumptions underlying devolution no longer
hold 61 . The economic, social and democratic benefits that Scotland enjoys as a
result of its place in the EU are all now at risk. A fundamental reconsideration of
the UK’s constitutional arrangements is therefore required 62 . As part of this, the
powers of the Scottish Parliament need to be increased not just to give effect to the
new relationship with Europe set out earlier in this paper, but also to enable it to
protect Scotland’s interests in a context where the protection provided by EU law
has been removed.
61 The constitutional requirements for establishing a devolved parliament in a constituent part of a larger EU member
state were considered at length during the passage of the Scotland Act 1998: see Second Reading debate, House of
Commons, January 1998: http://hansard.millbanksystems.com/commons/1998/jan/12/scotland-bill
62 The First Minister of Wales has stated that “…withdrawal from the EU is a massive constitutional shift for the UK
and it has equally far-reaching implications for the devolution settlement. The relationship between devolved
administrations and the UK Government must now be placed onto an entirely different footing. http://gov.wales/
about/cabinet/cabinetstatements/2016-new/eureferendum/?lang=en