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  • Writer's pictureKenneth Gibson MSP

111 Scottish Parliament Powers at Risk of Brexit Power Grab

The Tory Government is attempting to hijack 111 different powers which are currently devolved to the Scottish Parliament, including vital areas such as railway ownership, GM foods, pesticides regulation, the sharing of criminal data, protected food names, state aid, EU citizens’ voting rights and fracking.

The EU Withdrawal Bill contains provisions for the wholesale transfer of powers from Brussels to London, even in policy areas which are currently devolved. This threatens to undermine the progressive policies put in place by the SNP Government over the past 10 years.

Kenneth Gibson commented:

“It is ironic that as we celebrate the twentieth anniversary of the referendum on the creation of the Scottish Parliament, the UK Government is attempting to reclaim so many of the powers that were returned to the Scottish people in 1997.

“To fight back against this blatant power grab, the Scottish Government, together with the Welsh Government, have published 38 amendments which they believe are required to stop Westminster taking control of these devolved powers.

“Time will tell if the UK Government will act in the interests of all nations and find a Withdrawal Bill which respects the rights of the devolved Governments of Scotland and Wales.”

Please see below the full list of devolved powers to be absorbed by the UK Government if the EU Withdrawal Bill goes ahead in its current form:

1. Agricultural Support

2. Agriculture – Fertiliser Regulations

3. Agriculture – Genetically Modified Organisms Marketing & Cultivation

4. Agriculture – Organic Farming

5. Agriculture – Zootech

6. Animal Health and Traceability

7. Animal Welfare

8. Aviation Noise Management at Airports

9. Blood Safety and Quality

10. Carbon Capture & Storage

11. Chemicals regulation (including pesticides)

12. Civil judicial co-operation – jurisdiction and recognition & enforcement of judgments in civil & commercial matters (including B1 rules and related EU conventions)

13. Civil judicial co-operation – jurisdiction and recognition & enforcement of judgments instruments in family law (including B IIa, Maintenance and civil protection orders)

14. Civil judicial cooperation on service of documents and taking of evidence

15. Criminal offences minimum standards measures – Combating Child Sexual Exploitation Directive

16. Control of major accident hazards

17. Cross border mediation

18. Data sharing – EU fingerprint database

19. Data sharing – European Criminal Records Information System

20. Data sharing – False and Authentic Documents Online

21. Data sharing – passenger name records

22. Data sharing – Prüm framework

23. Data sharing – Schengen Information System (SIS II)

24. Efficiency in energy use

25. Elements of Reciprocal Healthcare

26. Elements of the Network and Information Security Directive

27. Elements of Tobacco Regulation

28. Energy Performance of Buildings Directive

29. Environmental Impact Assessment Directive

30. Environmental law concerning energy planning consents

31. Environmental law concerning offshore oil & gas installations within territorial waters

32. Environmental quality – Air Quality

33. Environmental quality – Chemicals

34. Environmental quality – Flood Risk Management

35. Environmental quality – International timber trade

36. Environmental quality – Marine environment

37. Environmental quality – Natural Environment and Biodiversity

38. Environmental quality – Ozone depleting substances and F-gases

39. Environmental quality – Pesticides

40. Environmental quality – Spatial Data Infrastructure Standards

41. Environmental quality – Waste Packaging & Product Regulations

42. Environmental quality – Waste Producer Responsibility Regulations

43. Environmental quality – Water Quality

44. Environmental quality – Water Resources

45. Environmental quality – Biodiversity – access and benefit sharing of genetic resources

46. Equal Treatment Legislation

47. EU agencies – EU – large-scale IT systems

48. EU agencies – Eurojust

49. EU agencies – Europol

50. EU Social Security Coordination

51. Fisheries Management & Support

52. Food and Feed Law

53. Food Compositional Standards

54. Food Geographical Indications (Protected Food Names)

55. Food Labelling

56. Forestry (domestic)

57. Free movement of healthcare (the right for EEA citizens to have their elective procedure in another member state)

58. Genetically modified micro-organisms contained use

59. Good laboratory practice

60. Harbours

61. Hazardous Substances Planning

62. Heat metering and billing information

63. High Efficiency Cogeneration

64. Implementation of EU Emissions Trading System

65. Ionising radiation

66. Land use

67. Late payment (commercial transactions)

68. Legal aid in cross-border cases

69. Migrant Access to benefits

70. Minimum standards housing & care: regulation of the use of animals

71. Minimum standards legislation – child sexual exploitation

72. Minimum standards legislation – cybercrime

73. Minimum standards legislation – football disorder

74. Minimum standards legislation – human trafficking

75. Mutual recognition of professional qualifications

76. Mutual recognition of criminal court judgments measures & cross border cooperation – European Protection Order, Prisoner Transfer Framework Directive, European Supervision Directive, Compensation to Crime Victims Directive

77. Nutrition health claims, composition and labelling

78. Onshore hydrocarbons licensing

79. Organs

80. Plant Health, Seeds and Propagating Material

81. Practical cooperation in law enforcement – Asset Recovery Offices

82. Practical cooperation in law enforcement – European Investigation Order

83. Practical cooperation in law enforcement – Joint Action on Organised Crime

84. Practical cooperation in law enforcement – Joint investigation teams

85. Practical cooperation in law enforcement – mutual legal assistance

86. Practical cooperation in law enforcement – mutual recognition of asset freezing orders

87. Practical cooperation in law enforcement – mutual recognition of confiscation orders

88. Practical cooperation in law enforcement – Schengen Article 40

89. Practical cooperation in law enforcement – Swedish initiative

90. Practical cooperation in law enforcement – European judicial network

91. Practical cooperation in law enforcement – implementation of European Arrest Warrant

92. Procedural rights (criminal cases) – minimum standards measures

93. Provision of legal services

94. Provision in the 1995 Data Protection Directive (soon to be replaced by the General Data Protection Regulation) allowing for more than one supervisory authority in each member state

95. Public sector procurement

96. Public health (serious cross-border threats to health)

97. Radioactive Source Notifications – Trans-frontier shipments

98. Radioactive waste treatment and disposal

99. Rail franchising rules

100. Rail markets and operator licensing

101. Recognition of insolvency proceedings in EU Member States

102. Renewable Energy Directive

103. Rules on applicable law in civil & commercial cross border claims

104. Sentencing – taking convictions into account

105. State Aid

106. Statistics

107. Strategic Environmental Assessment Directive

108. Tissues and cells

109. Uniform fast-track procedures for certain civil and commercial claims (uncontested debts, small claims)

110. Victims’ rights measures (criminal cases)

111. Voting rights and candidacy rules for EU citizens in local government elections



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