When the United Kingdom voted to leave the European Union, there was a significant legal question. Because much UK law was dependent on EU rules, there needed to be a plan for the UK government to manage the exit. Scotland made its own legal response to this challenge, known as the Scottish Continuity Bill. This leads many people to ask, what is the Scottish Continuity Bill in UK law? We will look at what the bill is, why it was created, and how it relates to Scotland in the broader UK context.
What Is the Scottish Continuity Bill in UK Law?
The Scottish Continuity Bill in UK law is legislation introduced to the Scottish Parliament in 2018. Its full title is the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill. The objective of the bill was to prepare Scotland for Brexit by ensuring that after the UK left the EU, Scotland could maintain EU rules.
In brief, it was Scotland’s attempt to ensure that European laws and standards continued to operate regularly within the areas of policy that Scotland had responsibility for, for example, farming, the environment, and fishing.
Why Was the Scottish Continuity Bill Introduced?
With the proposal and introduction of Brexit, the UK Government established the EU Withdrawal Bill, which took existing EU law that would become invalid after a Brexit outcome and copied it within UK law to avoid any legal gaps. Scotland was concerned about the power being returned to Westminster in areas that were customary to be dealt with by the Scottish Parliament.
The Scottish Continuity Bill in UK law maintains Scotland’s ability to exercise its own agency in areas of devolved power. In effect, it was the best route for protecting the Scottish Parliament’s powers after Brexit.
The Main Aims of the Bill
The bill clearly set out to have three aims of the Bill:
- Preserve the EU borders for Scotland: It allowed Scottish ministers to preserve laws that were beneficial to Scotland.
- Protect devolved power: It aimed to curtail Westminster’s ability to seize legislation in areas known to be settled with Scotland.
- Ensure legal clarity: It dealt with the confusion of transition, maintaining a firm and stable legal position of laws within Scotland.
These aims are important when explaining what the Scottish Continuity Bill in UK law was meant to achieve.
Key Features of the Scottish Continuity Bill
- Retaining EU Law: The bill allowed Scotland to copy EU law into Scottish law in order to maintain existing policies, including those relating to agriculture, food safety, and the environment.
- Powers for Scottish Ministers: Scottish ministers give powers to amend (and retain) EU rules to suit the needs of Scotland post-Brexit.
- Legal Certainty: The continuity bill was designed to give legal certainty and a degree of stability. Individuals and businesses required clarity on existing rules, and the bill would reduce the chances of legal voids.
- Legal Disputes with Westminster: A key question in UK law was whether the Scottish Parliament had the power to pass such a bill at all. The UK Government made a call on the bill, and a legal challenge was undertaken, going to the Supreme Court.
The court ultimately ruled that parts of the Scottish Continuity Bill in UK law were not within the powers of the Scottish Parliament. This ruling curtailed Scottish control over how much existing EU law could be maintained. This dispute displays the wider tensions/debate between devolution and central government in the UK.
The Supreme Court Ruling
The Supreme Court ruling took place around December 2018. The judges determined that the Scottish Parliament could make preparations regarding Brexit. Some parts of the bill clashed with UK law. As a result, some provisions of the bill could not come into effect. The ruling clarified that there is a conflict in relation to UK and Scottish law.
What Happened After the Ruling?
While there were provisions in the bill that were struck down, the Scottish Government continued to assert its primacy in respect of its own devolved areas. A new version was approved called the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2020.
This act gave Scotland the ability to maintain EU rules for devolved matters, not least in respect of environmental standards for devolved areas. Many of the provisions within the bill were replaced. The Scottish Government contended for a stricter set of parameters.
The Bill and Devolved Powers
One of the critical components to appreciate in understanding the bill is what devolved powers are. Devolved powers are components of government that are under the control of the Scottish Parliament. Examples of this are:
- Health
- Education
- Agriculture
- Environment
The bill protects these powers of the UK Government as a result of Brexit.
The Scottish Continuity Bill and the EU link
One of the most significant elements of the rationale behind the bill was Scotland’s desire to remain closely aligned with EU standards. Many Scottish industries, such as farming and fisheries, are highly reliant upon trade with the EU. By allowing devolved powers to continue operating under EU law, the bill limits disruption and keeps Scotland aligned with European partners.
The Long-Term Significance
The Scottish Continuity Bill in UK law serves as a moment in time. It reflects the way Brexit has restructured the constitutional order of the UK as a whole. And it demonstrates Scotland’s desire for increased autonomy over its own future. And after the bill was legally challenged, the momentum for Scottish legal independence was never lost.
Protecting Powers Through the Bill
What is the Scottish Continuity Bill in UK law? It was legislation created by Scotland to smooth the transition after Brexit by retaining EU rules. It was the UK Supreme Court that constrained its scope, but the bill is a social and legal expression of Scotland’s desire to assert its devolved powers and retain legal certainty.
The story of the bill is not limited to questions of Brexit. It is also about the distribution of power within the United Kingdom. Furthermore, it continues to influence discussions about law, devolution, and Scotland’s role in the union.
