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Chamber and committees

Question reference: S6W-18878

  • Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
  • Date lodged: 12 June 2023
  • Current status: Answered by Angus Robertson on 27 June 2023

Question

To ask the Scottish Government on how many occasions it has aligned with EU legislation, since 1 January 2021, by means other than the Scottish Ministers’ "keeping pace" power under the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021.


Answer

The Scottish Government is committed to aligning with EU law where that is possible and where it will have a meaningful impact on the outcomes we share with the EU.

In doing so we acknowledge that alignment in all cases is not possible. Consideration of alignment with EU law is part of the policy development process and varies depending upon the relevance of EU law to Scotland regarding the matter in question, the extent of the devolved settlement and UK Government decisions which might have a constraining effect on Ministers ability to take effective action.

The Scottish Government’s policy statement on the approach to EU alignment, approved by parliament on 8 June 2022, sets this out in detail, acknowledging that a broad section of EU legislation is now not applicable in Scotland since the UK’s departure from the EU.

It is therefore not possible for the Scottish Government to provide a definitive answer to the question asked, although officials are working with their parliamentary counterparts to significantly expand the information provided to parliament regarding the commitment to align with the EU.