Should Scotland have the right to veto Brexit?

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Politics Home reported yesterday:

In the Commons, SNP MP Stewart McDonald asked Mrs May "if a legislative consent motion will be required for the Scottish Parliament for the Great Repeal Bill".

The Prime Minister said: "There is a possibility that a legislative consent motion may be required in the Scottish Parliament, but that is a matter that is being considered currently between the Westminster and the Scottish government."

They added:

The prospect of Scotland effectively having a veto over Brexit will enrage Leave supporters and has the potential to spark a full-blown constitutional crisis.

A spokesman for the Prime Minister pleaded with MSPs not to vote against the Great Repeal Bill.

I think the word 'pleaded' one we will need to get used to. But let me ask the more important question, which is whether it is appropriate for the SNP to seek to block Brexit using a Legislative Consent Motion. Parliament says of these:

A legislative consent motion is the means by which a devolved body grants permission to the UK Parliament to pass a law on something that is a devolved matter. Sometimes referred to as Sewel motions, they arise out of the convention that the UK Parliament would not normally legislate on a devolved matter without the consent of the relevant devolved institution.

In other words, when it has been decided that a devolved nation has the right to decide on an issue then its consent is sought to Westminster legislation if it relates to that area of activity. There is, of course, a corollary. Because we now have EVEL - English Votes on English Law - Scottish MPs cannot vote on English legislation. So, Scotland is ring fenced from English decision making. Legal Consent Motions might be seen as ring fencing English MPs from Scottish decisions.

And in that case, and because Brexit very clearly does impact Scotland in ways Scotland may not want then of course it is right that Scotland must have the right of veto in this issue. Without EVEL I would find that vey hard to justify. But Cameron demanded EVEL. And his party has to live with the consequences. Whether or not we leave the EU may be down to Scotland.  And it's all Cameron's fault.


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