NO procedure, no plan and no idea if they’ll even be asked about the new rules – Westminster has frozen the Scottish Government out of Brexit talks, a key minister says.
Michael Russell, Scotland’s Secretary for Government Business and Constitutional Relations, has today ramped up pressure over the involvement of devolved governments in withdrawal from the European Union.
There is less than a fortnight to go until Brexit day on January 31.
Prime Minister Boris Johnson’s deal is still undergoing scrutiny at the House of Lords and last week Jacob Rees-Mogg, leader of the House of Commons, said MPs will meet on Wednesday to discuss any amendments from peers.
READ MORE: What now for Brexit? The challenges and deadlines facing the UK
As of February 1, there will be 11 months in which to finalise new arrangements with the EU covering everything from trade to environmental protections to insurance regulations.
But Russell, pictured, – the man leading the work for the Scottish Government – says Edinburgh still has no idea how this will work, or if it will have any say at all in talks.
He told the Sunday National: “Where does our involvement lie? We don’t know yet.
“What we do know is they should not negotiate for us.”
The Scottish Government is strongly opposed to Brexit, reflecting how the country voted during the EU referendum, when every area returned a Remain majority.
The Scottish Parliament has backed that position in a series of votes.
On Thursday Stephen Barclay, UK Secretary of State for Exiting the European Union, met with EU Brexit Steering Group chair Guy Verhofstadt on Thursday.
In a letter seeking Holyrood backing last month, Barclay said Johnson’s administration is “committed to fully engaging with the Scottish Parliament”.
But Russell said: “There are a whole range of things that need to be resolved in the 11 months until the end of December. The more you add to the list, the more you realise it’s going to be very difficult.
READ MORE: Leading MEP: Scotland can still agree special EU deal post-Brexit
“There is still no procedure in place to involve the Scottish Government, or the Welsh government, or the Northern Irish government. There have been lots of discussions but there is no procedure nor is there a clear plan to work our way through this as yet.
“It takes in everything from pet passports to roaming charges for mobile phones. There will have to be a methodical approach, but we don’t know what that is.”
Telecommunications and animal welfare rules are both reserved to Westminster, as are driving licences, insurance and passport regulations.
Travel trade association Abta this week said “nothing will change” for UK holidaymakers as of the 31st, but the European Commission has advised that visa waivers will be needed as of 2021 for trips to the bloc.
Trade rules are also reserved, and this week Chancellor Sajid Javid said there will be no alignment with EU regulations after Brexit.
In an interview with the Financial Times, Javid said no support will be given to manufacturers who are unprepared for the change because “companies that have known since 2016 that we are leaving the EU”, though he admitted that firms “didn’t know the exact terms”.
The Food and Drink Federation says the loss of frictionless trade could lead to increased prices for consumers and Russell says trade is just one area on which Scotland must have a say.
READ MORE: Kirsty Hughes: What are Scotland’s choices as we leave the EU?
Russell stated: “We have the absolute right and must be involved to deal with devolved competencies, and it’s important for us to give opinion on reserved competencies, even though there is no absolute obligation.
“One of the ways we can protect our position is to diverge as little as possible from the European Union. We have the right to do that but the UK Government is very uncomfortable about it.
“That affects areas like the habitats directive and workforce rights, and the loss of freedom of movement will have a big impact on devolved areas.
“The UK Government need to step up to the mark and be prepared to discuss these in a way that gives us meaningful involvement.”
Those comments come days after Grahame Smith, below, general secretary of the Scottish Trade Union Congress (STUC), said it would be “unacceptable” if agreements affecting jobs and incomes “could be traded away behind closed doors, with no role for devolved governments or indeed workers and the communities that are ultimately affected”.
Smith stated: “We call on the UK Government to create a formal role for devolved nations and unions within its approach to trade. These issues are fundamental. We will not accept secret deals or an erosion of our rights.”
A Scottish Government spokesperson told the Sunday National the problem “cuts across every policy area – health, animal welfare, fishing, the whole range”.
They went on: “Brexit negotiations involve a whole host of complex discussions where decisions are being taken by UK ministers with little or no reference at all to the Scottish Government.
“Some of these talks will directly or indirectly impact on devolved areas, but the Tories continue to treat Scotland with contempt, as they have all the way through the Brexit saga.
READ MORE: STUC calls for Scotland to have a formal role in post-Brexit trade talks
“Nothing could better demonstrate the need for independence, and for Scotland to have a seat at the top table in Europe to ensure that our vital national interests are properly protected.”
However, the UK Government defended its handling of the matter.
A spokesperson told this newspaper: “International trade negotiations are reserved to the UK Government, and we will negotiate on behalf of the whole of the UK.
“We will continue to work closely with all of the devolved administrations.”
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