111 Scottish Parliament Powers at Risk of Brexit Power Grab

20 Sep 2017

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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