Holyrood tells UK Government to 'respect devolved powers'

MSPs debated a motion brought forward by Cabinet Secretary for Net Zero, Energy and Transport Michael Matheson after the UK Government added two amendments in the Environment Bill, after the Scottish Parliament had given consent in November.

The SNP say that the two amendments “fundamentally undermine the powers” of Holyrood in relation to the environment, and that the UK Government has refused “to accept these matters are within devolved competence”.

The Tories, whose amendment was not agreed, said the discussion was one of the most “spurious debates” about legislative consent led by the Scottish Government and that they were “trying to pick a fight” with the UK.

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Scottish Labour, whose amendment was also not agreed upon, said the debate “reflects the collective failure” of the UK and Scottish government’s to work together.

Matheson, opening the debate and moving the motion in his name, said the amendments to the Environment Bill “fundamentally undermine[s] the powers of the Scottish Parliament in relation to the environment”. The first amendment, passed in the House of Commons, relates to forest risk commodities in commercial activities.

Matheson said: “Although we agree with the need to reduce the overseas impact of our consumption this fundamentally pertains to devolved law, which should be developed on a devolved basis, by the Scottish Government and answering to this parliament.

“This has clearly not occurred in this case.”

The second amendment, passed in the House of Lords, Matheson said is a further example of “sustained attack that we have seen from the UK Government on the devolved settlement”.

MSPs debated the issue in Holyrood on Tuesday, with Michael Matheson leading the discussion

He said it must be resisted or risk the UK Government “disapply Scottish environmental principles as agreed by this parliament”.

Matheson said the amendment would mean UK environmental principles would apply when creating policy affecting Scotland in reserved areas.

He said: “This is a clear departure from what was previously agreed with the UK Government in the drafting of the bill.”

Matheson added: “Despite our protestations from Scottish Ministers to the UK Government, they have refused to accept these matters are within devolved competence.

“This dismissive attitude towards the powers of this parliament has wide potential consequences for environmental policy in Scotland.

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“It is this parliament which is responsible for environmental policy in Scotland, the Scottish Government is responsible for ensuring we have effective policies to achieve the high environmental standards we seek, this is particularly pertinent as we are dragged out of the EU against our will.”

Tory Donald Cameron moved an amendment calling for the Scottish Government to work constructively with the UK Government, and to give legislative consent to the Environment Bill.

He told MSPs: “We now have the absurd scenario, where purely to manufacture another completely artificial row with the United Kingdom government, the SNP take issue with two amendments which are argued to trespass on devolved competence.

“Amendments that are designed to protect international rainforests and for the government’s gap on environmental policy.”

Cameron (pictured) said it was “illogical” to argue that the second amendment, for environmental purposes generally, “somehow converts into a devolved matter”.

He said: “As a matter of law and statutory language, the amendment is about regulation of business entities, pure and simple, and it is unarguable from a legal and constitutional standpoint that this somehow intrudes on devolved competence.

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“It is a sensible, worthwhile provision broadly in line with Scottish government policy but not a provision that the Scottish Government are prepared to accept.”

He then claimed that the Scottish Government were “trying to pick a fight” with the UK.

Meanwhile, Monica Lennon (pictured below), for Scottish Labour, said both UK and Scottish Government’s were at fault.

She said: “The situation we find ourselves in today in part reflects the collective failure of Scotland’s two governments to work together in the interests of Scottish people.

“The impact of Brexit on the UK’s constitutional framework has been huge, and it demands we approach more areas on a common UK basis.

“It’s in our interest and the climate’s best interest for the UK and Scottish Government’s to start to build a stronger and more productive relationship to make this possible. The current governing structure are not fit for purpose.”

Liam McArthur, for the LibDems, said the debate speak to “an almost dysfunctional relationship between Scotland’s two governments”.

He said there were only “small drafting differences” and that policy differences “appear very minor”, claiming the issue was a “constitutional spat”.

Mairi McAllan, Minister for Environment, Biodiversity and Land Reform, closed the debate for the government.

She said: “Indeed given the nature of forest risk commodities provisions a joint approach may have been achievable in this case, and had the UK respected this parliament’s legislative competence we could have met a resolution but unfortunately that hasn’t been the case.

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“Presiding Officer, if this parliament doesn’t act, if we don’t stand against attempts to undermine the democratic will, the UK Government will continue to constrain the competence of Scotland’s parliament.”

The Tory amendment was not agreed, with 27 votes for yes, and 92 for no. Scottish Labour’s amendment also fell with only 26 votes for yes, and 92 for no.

Michael Matheson’s motion passed with 66 votes for yes, 20 for no, and 23 abstentions.