BREXIT

For most of the two decades following Scottish devolution, nobody would have anticipated for a moment that the UK would be leaving the European Union or that this would have consequential effects on relations between Edinburgh and London.

But, given we have had two years of dithering as the UK Government decided what kind of Brexit it wanted, there was surely a time when a sensible compromise could have been delivered that respected the devolution settlement and one that did not undermine the UK’s own internal market.

. See also Scotland’s EU Continuity Bill now being tested in Supreme Court

Instead, what we have witnessed is relations descending into a bitter row over what the SNP has described as a “power grab” over issues that are currently controlled by the EU (but which would otherwise be devolved).

In the context of the arguments, both the UK and Scottish Governments had a point. Westminster wants to make sure the UK doesn’t leave the wealthiest single market in the world and end up with further sub-divisions inside the UK. Yet, it’s not unreasonable for the SNP to be concerned that matters which are supposed to be devolved might end up being controlled in London. Whilst the UK Government insists this will not happen and that powers transferring from the EU will all be sorted out eventually, it does feel like ministers ran out of time to sort out a deal in advance of Brexit.

What has transpired since is the potential start of a constitutional crisis. The Scottish Parliament passed its own Continuity Bill in an attempt to safeguard the disputed powers of which the bill’s legitimacy is currently being considered by the UK Supreme Court.

An indication of the reason behind the chaos has emerged in a report by MPs that says Whitehall officials don’t actually understand devolution. This is all the more surprising given that the committee is chaired by Sir Bernard Jenkin, a prominent Conservative Brexiteer.

Scotland’s Constitution Secretary Mike Russell remarked it is an “astonishing state of affairs” and one that should be rectified as soon as possible (which will only happen after Brexit now). There is perhaps, though, a silver lining that stands out from the conclusions of the report, in that the UK Government hasn’t been deliberately trying to grab powers that should be devolved. It’s simply been struggling to understand what to do.

Might this just be the basis for a general cooling of tensions between Holyrood and Westminster and a chance to find a reasonable way forward? In these turbulent times, that would certainly help.