The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (‘the Continuity Act’) provides Scottish Ministers with a power to help meet the Scottish Government’s commitment to align with future developments in EU law, where appropriate.
The Continuity Act requires Scottish Ministers to lay before Parliament a Policy Statement and an Annual Report on the use and intended use of the ‘keeping pace’ power, including a draft for consultation. The Act allows the Parliament 28 days to consider the draft report, and after the final version is laid, a further 28 days.
On 31 October 2023, the Scottish Government laid a draft Annual Report on its use of the ‘keeping pace’ power.
Read the draft Annual Report (433KB, pdf) posted 31 October 2023
This was published alongside a series of other reports on the Scottish Government’s commitment to align with the European Union where appropriate:
The Committee took evidence from the Cabinet Secretary on the reports on 16 November 2023
The Committee wrote to the Cabinet Secretary for the Constitution, Europe, External Affairs and Culture on the Continuity Act and EU Law Tracker, 14 September 2023.
Letter to the Cabinet Secretary for the Constitution, Europe, External Affairs and Culture (133KB, pdf) posted 14 September 2023
On 6 February 2024 the Scottish Ministers laid the following annual report in accordance with section 10(1) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (“the Act”).
This report follows a draft version of this report which was laid in draft on 30 October 2023.
Scottish Government Annual report 2023-24 (143KB, pdf) posted 01 March 2024
Explanatory Note on Representations on the draft Annual Report (85KB, pdf) posted 01 March 2024
On 27 October 2022, the Scottish Government laid a draft Annual Report on its use and considered use of the power for the reporting period of 1 September 2021 to 31 August 2022, and the intended future use of the power in the upcoming reporting period of 1 September 2022 to 31 August 2023.
Read the draft Annual Report (224KB, pdf) posted 23 November 2022
In a letter to the Scottish Government on 24 November 2022, the Committee reported on its views on the draft Annual Report
Read the letter to the Scottish Government (234KB, pdf) posted 24 November 2022
On 28 June 2023 the Scottish Ministers laid the following annual report in accordance with section 10(1) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (“the Act”). This report follows a draft version of this report which was in laid in draft on 27 October 2022.
Scottish Government Annual Report 2022-23 (329KB, pdf) posted 14 July 2023
Explanatory Note on Representations on the draft Annual Report (312KB, pdf) posted 14 July 2023
The Scottish Government laid a draft Policy Statement and draft Annual Report in the Scottish Parliament on 29 October 2021.
Read the draft Policy Statement (158KB, pdf) posted 29 October 2021
Read the draft Annual Report (116KB, pdf) posted 16 May 2022
The Committee received three responses to its call for views on the draft Policy Statement and draft Annual Report. The Committee also received a briefing paper from its advisers.
Read the responses to the call for views
Read the briefing paper the Committee received from its advisers
The Committee took evidence on the draft documents on 18 November 2021
In a letter to the Scottish Government on 25 November 2021, the Committee reported on its views on the draft documents in a letter to the Cabinet Secretary.
On 10 May 2022, the Scottish Government laid the Revised Policy Statement, Annual Report 2021-22 and an Explanatory Note on Representations on the draft Annual Report.
Revised Policy Statement (158KB, pdf) posted 16 May 2022
Annual Report (116KB, pdf) posted 16 May 2022
Explanatory Note on Representations on the draft Annual Report (114KB, pdf) posted 16 May 2022
The inquiry was discussed at the following Committee meetings:
The Committee has sent and received the following correspondence during the inquiry:
Response from the Cabinet Secretary for Constitution, External Affairs and Culture, Angus Robertson MSP providing a response to the Committee's letter sent on the 27 November 2023, response received 8 February 2024
Letter from the Convener to the Cabinet Secretary for Constitution, External Affairs and Culture on the Scottish Government's Policy of EU Alignment - Annual Report 2023, 27 November 2023
Letter from the Cabinet Secretary EU Alignment Annual Reports 2023, 31 October 2023
Letter from the Cabinet Secretary for the Constitution, External Affairs and Culture providing an interim update on the Scottish Government’s consideration of the Committee’s response to the draft annual report laid in connection with the Continuity Act, 27 April 2023
Letter from the Convener to the Cabinet Secretary for the Constitution, External Affairs and Culture regarding the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 Annual Report, 24 November 2022.
Cover Letter from Cabinet Secretary for the Constitution, External Affairs and Culture to the Convener - EU Continuity Act Draft Annual Report 21-22
Letter from Cabinet Secretary for the Constitution, External Affairs and Culture to the Convener, 1 June 2022
Letter from the Convener to the Cabinet Secretary for the Constitution, External Affairs and Culture, 26 May 2022
Letter from the Cabinet Secretary for the Constitution, External Affairs and Culture, to the Convener on Continuity Act, 10 May 2022
Letter from Convener to Cabinet Secretary for Constitution, External Affairs and Culture, 25 November 2021
Draft Statement of Policy from the Scottish Ministers to the Committee, 29 October 2021
Letter from the Cabinet Secretary for the Constitution, External Affairs and Culture to the Convener, 29 October 2021
Draft report from the Scottish Ministers to the Committee, 21 October 2021