Continuity Bill decision - a complex judgment, the practical implications of which will need longer consideration. But headlines: but for s17 (which makes regs under the EU(W)Act subject to devolved consent, the Bill was within competence at the time it was passed. (1)
Some robust statements about the extent of Holyrood's legislative competence - and nb the Presiding Officer's objection to the competence of the Bill is rejected. (2)
But, the enactment of the EU (Withdrawal) Act (as expected) changes things. This has become a protected statute under the Scotland Act 1998, which Holyrood cannot modify, & competence is to be judged at the point the Continuity Bill receives Royal Assent, not at the date passed 3
This means that quite a lot of the Bill falls because it modifies the EU (Withdrawal) Act in substance, but anything that supplements the Withdrawal Act can stand. Will need to see how much this leaves (not a great deal, I don't think) (4)
Generally, this is good news for the devolved parliaments. Need to read in more detail what the decision says about modification (important for proposed human rights reform) and about modification of s28(7) SA, which was the ground on which s.17 was hold to be invalid (5)
I'm off to do some reading. Please do not disturb. (6)
