Scotland’s Constitution Secretary Mike Russell said he is “cautious about going to court” but stressed there are “maybe a range of legal options”.

A Scottish Government source told that “all options are on the table”. 

But Downing Street insist the legislation will see more powers transferred to all the devolved governments.

From January 1, when the UK’s transition period comes to an end, powers will be returned from Brussels to the administrations in Scotland, Wales and Northern Ireland, they stated.

The Sewel Convention, which underpins the relationship between the UK Government in London and administrations in Edinburgh, Cardiff and Belfast, states Westminster will “not normally” pass legislation in devolved areas without their consent.

But Mike Russell has, however, vowed the Scottish Government will not consent to the Bill.

Westminster is now expected to leglisate on behalf of the devolved nations on the Bill through an override in the convention. 

Speaking during Holyrood’s Finance and Consitution Committee, Scottish Greens Co-Leader Patrick Harvie, questioned if it is time for Scottish ministers to go to court to resolve the issue of UK ministers legislating in devolved areas.

He said the convention of Westminster “not normally” legislating in devolved areas had been altered by the UK Government.

Mr Russell said while the UK Government had adopted an “overbearing approach” he is “cautious always about going to court”, noting the UK‘s unwritten constitution could be difficult to enforce.

But he told Mr Harvie he has not ruled out such action, adding: “I am not going to necessarily advertise those actions before they are taken.

“I have not ruled out any actions at all and I hear clearly what you are saying.

“There are maybe a range of legal options in front of us but I wouldn’t like to go any further than that at this stage.”


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