The Scottish Government issued a thinly-veiled threat to derail the Brexit process amid claims of a Westminster “power grab”.
UK ministers published a white paper for the Great Repeal Bill on Thursday, which will transfer Brussels laws onto British statue books.
Nicola Sturgeon fears Theresa May will withhold repatriated EU powers at Westminster, when the First Minister insists they should revert to Holyrood in full.
“That will be absolutely unacceptable,” Ms Sturgeon told MSPs, as she vented anger over the prospect of devolved farming and fisheries competences being subject to a UK Government seizure.
Her official spokesman later gave a strong indication that MSPs would seek to block the Great Repeal Bill in a Holyrood vote.
Asked whether the First Minister would look to withhold consent for the bill without assurances over where devolved EU powers end up, he said: “We have no intention of facilitating or enabling the removal of powers from this Parliament.”
Scottish Secretary David Mundell said earlier this year that it is “fair to anticipate” that Holyrood would be entitled to hold a formal vote on the Great Repeal Bill.
Known as a legislative consent motion, it is used where Westminster wishes to legislate on matters which are Holyrood’s responsibility.
It is a political convention, enshrined in the Scotland Act 1998, which means that Westminster can legally ignore the result, although there would be political implications.
Mike Russell, Scotland’s Brexit secretary, said the UK Government “continues to threaten that in areas such as agriculture, fisheries and the environment, powers will be taken by the UK Government after Brexit”.
The Prime Minister said this week it is expected that Brexit will lead to a “significant increase” in the Holyrood’s powers, but UK ministers have stopped short of guaranteeing all devolved EU powers would head to the Scottish Parliament in full.
A UK Government source said some administrative and regulatory aspects of agriculture and fisheries may have to be controlled by Westminster to “protect the single market of the UK”.
That would ensure there is no restriction of the movement of livestock over the border, for example.
Adam Tomkins, the Scottish Conservative MSP, said: “The SNP is complaining about the return of substantial new powers which – under its plans – would remain in Brussels.”
A UK Government spokeswoman said: “We have published a White Paper on the Great Repeal Bill.
“The legislation itself will be brought forward at a later date. The final content of the bill will determine the process to take it forward.”
