The UK Government and the EU Commission have issued position papers with regards to judicial and administrative proceedings that are ongoing at the point of exit from the European Union.
The Constitutional Law Sub-Committee issued a briefing ahead of the Debates on the Address on 27 and 28 June 2017.
- The Law Society of Scotland's briefing (June 2017)
The Public Administration and Constitutional Affairs Committee has launched an inquiry to investigate channels of meaningful engagement between the UK Government and the devolved administrations during negotiations on the UK's withdrawal from the EU.
The Scottish Government has published for consultation a draft Referendum bill in order that it is ready for introduction should the Scottish Government conclude that seeking the view of the Scottish people on independence is the best or only way to protect Scotland's interests in the wake of the EU referendum.
- View the consultation on the Scottish Government website
- The Law Society of Scotland's response (January 2017)
- Read our comments sent to all MSPs ahead of the Scottish Government debate 'Scotland's Choice' on 21 March 2017.
- Read the Analysis of Responses which features the Society's response submitted in January 2017.
On 17 January 2017 the Prime Minister set out the 12 principles which will guide the government in fulfilling the democratic will of the people of the United Kingdom. The UK Government's White Paper sets out the basis for these priorities and the approach to forging a new strategic partnership between the United Kingdom and the EU.
The House of Lords European Union Committee has issued an inquiry to consider the political and economic implications of Brexit for Scotland, Wales and Northern Ireland, and the devolution settlement as a whole.
The Commission on Parliamentary Reform has issued a call for written views on all three aspects of their remit, namely: how the Scottish Parliament engages with the people of Scotland; the identity of the Scottish Parliament, as distinct from the Scottish Government; and whether the right 'checks and balances' are in place to ensure effective parliamentary business.
The House of Lords EU Justice Sub-Committee has issued an inquiry looking at the ramifications of the UK’s departure from the EU for Civil Justice Cooperation with particular focus on the jurisdiction of the Court of Justice of the European Union (CJEU).
The House of Lords Constitution Committee is conducting a large-scale inquiry into the legislative process. The Committee is now seeking evidence in relation to stage 3 of its inquiry: ‘The delegation of powers’, before the expected introduction of the Government’s ‘Great Repeal Bill’ in the next session of Parliament.
The House of Lords Constitution Committee is conducting a large-scale inquiry into the legislative process to follow its 2004 report on Parliament and the Legislative Process.
The European and External Relations Committee is conducting an inquiry into the implications for Scotland’s relationship with the EU of the referendum result. In order to support that inquiry work, the Committee has agreed to issue a call for evidence on a range of issues relating to the implications of the referendum result for Scotland.
Following the vote to leave the EU the Scottish Affairs Committee is looking at available options for retaining Scotland's EU membership and the ways in which Scotland can best be represented in future negotiations.
The Law Society of Scotland has responded to the EU sub-committee on Justice on the proposed Human Rights Act Appeal.
- The Law Society of Scotland's response (March 2016)
Following the vote in the House of Lords on 26 October 2015 on the draft Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015, the Government commissioned Lord Strathclyde to conduct a review of how Parliament handles secondary legislation – the legislation that includes all the rules and regulations that affect our daily lives.
English Votes for English Laws
The UK Government has announced plans change the way legislation is considered in the House of Commons to give English and Welsh MPs a fairer say over laws that only affect their constituencies and are on matters which have been devolved. These proposals set out the proposed changes to the way legislation is considered in the House of Commons to give English and Welsh MPs a fairer say.
- Visit gov.uk to read the UK Government proposals
- The Law Society of Scotland Briefing (for proposals dated 2 July 2015)
- The Law Society of Scotland Briefing (for proposals dated 14 July 2015)
- The Law Society of Scotland Briefing for MPs (September 2015)
- **UPDATED** The Law Society of Scotland Briefing for MPs (October 2015)
The European and External Relations Committee of the Scottish Parliament is conducting an inquiry into EU reform and the EU referendum: implications for Scotland.