A Holyrood committee is calling for clarity on Scottish Government plans to continue alignment with EU law.
The Constitution, Europe and External Affairs Committee (CEEAC) has written to Angus Robertson urging him to provide additional information on the scope, time and transparency of decision-making in relation to the “keeping the pace” power.
Brexit meant there was no longer a requirement to comply with EU law, but the Constitution Secretary has outlined plans to align with appropriate laws.
However, the committee told Robertson the current approach to reporting on alignment is “unsustainable” due to a lack of detailed information.
The concerns come after the committee asked the Scottish Parliament Information Centre (SPICe) to commission research to provide a baseline of the potential scope of the commitment to align with EU law.
The letter said committee MSPs “do not have sufficient transparency with regards to Scottish Ministers’ decision-making process on EU alignment especially where decisions are taken not to align and the reasons for that”.
And “passive divergence” could be “inevitable”, it said, as the Brexit transition period ended on December 31, 2020, meaning changed or new EU law would not be relevant to Scotland.
The letter, from committee chair Clare Adamson, said: “The committee’s view is that the current approach to reporting on the commitment to alignment is unsustainable.”
The research from SPICe’s Dr Lisa Claire Whitten “fully demonstrates the scope and complexity of the Scottish Government’s commitment to align and this is not reflected in the minimal information on provided in the annual report published by the Government”.
“While the commitment to provide further information on the Scottish Ministers’ intentions to align is welcome there is also an urgent need for a reporting mechanism which provides detailed information on actual legislative and non-legislative alignment.”
It went on to say: “The Committee reiterates in our letter to you dated May 26, that we do not have sufficient transparency with regards to the Scottish Ministers’ decision-making process on EU alignment, especially where decisions are taken not to align and the reasons for that.”
A Scottish Government spokesman said it was “committed to align wherever possible with EU law so as to maintain the standards Scotland enjoys from the UK’s past membership of the EU”, adding: “Ministers are also committed to updating the Scottish Parliament on this process so that the parliament can undertake its important democratic role of scrutiny.”
The government response concluded that it will therefore consider the letter from the CEEAC Committee and respond to its suggestions as to how to help with its scrutiny role.
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