BORIS Johnson's Brexit bill could allow UK ministers to "make provision in devolved policy areas", an independent report has warned.
The Scottish Parliamentary Information Centre (Spice) analysed the bill, which deals with how powers now overseen by the European Union could be used following Brexit.
Spice's analysis shows that powers granted to UK ministers in the Bill - which is expected to clear the House of Commons by Thursday - will extend to the whole of the UK and relate to both reserved and devolved matters.
The SNP warned the "undemocratic power grab" is "deeply troubling".
READ MORE: SNP: Johnson eyeing up another Holyrood power grab after election
A UK Government memorandum suggests although it could use the powers in areas of devolved competence, it would not normally do so without the consent of those administrations.
The Spice document states: "The new powers conferred on Scottish ministers are also conferred on UK ministers to act alone or jointly with Scottish ministers.
"As a result, the powers granted to UK ministers in the Withdrawal Agreement Bill extend to the whole of the UK and relate to both reserved and devolved matters.
"Consequently, the powers allow UK ministers, acting alone, to make provision in devolved policy areas."
It adds: "This approach mirrors the current arrangements outlined in the European Union (Withdrawal) Act 2018.
"On this issue, the UK Government's Delegated Powers Memorandum states that in respect of most of the powers set out below, whilst the UK Government can use these powers in areas of devolved competence, it will not normally do so without the agreement of the devolved administrations.
"The powers granted to devolved administration ministers in the Withdrawal Agreement Bill relate only to making provisions within their areas of devolved competence."
SNP MSP Tom Arthur said: "It's deeply troubling that Westminster has ploughed ahead with an undemocratic power grab - threatening Holyrood's powers under the guise of Brexit.
"Far from taking powers back to Westminster, the clear view of the Scottish electorate is that more decisions should be made at Holyrood to create a fairer, more prosperous country.
"While the Tories think they can do what they want to Scotland, we must be clear that is not the case."
Arthur added the candidates in the Scottish Tory leadership election - with Jackson Carlaw and Michelle Ballantyne having declared so far - should tell the Prime Minister to keep his "hands off" devolved powers.
"This will be an early test in the Scottish Tory leadership battle - the candidates should stand up to their Westminster bosses, and tell Boris Johnson to keep his hands off the powers Holyrood has held for two decades," he said.
"The SNP will seek to amend the Bill to stop this power grab, and all parties at Holyrood must stand firmly against any attempts to erode the hard-won powers of our Scottish Parliament."
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel