The UK government has told Scottish and Welsh ministers they are likely to be barred from controlling policy in areas such as genetically modified crops, fishing quotas and farm payments after Brexit.
Mike Russell, Scotland’s Brexit minister, accused Westminster of undermining the constitution after the Cabinet Office published a list of 24 areas it said were likely to need UK-wide common agreements when EU powers were repatriated.
The office said it wanted to centralise control at UK level in 12 areas, including migrant access to welfare benefits, state aid for key industries, data protection, energy labelling, internet security and radioactive materials.
“This list simply confirms the UK government’s plans for a power grab,” Russell said. “Unless the bill is changed Westminster could soon be in control of these policies, amounting to a major power grab and a rewriting of the devolution settlement the people of Scotland voted for so decisively.”
The office insisted it was logical for many policies and laws to be set or overseen at UK level, including food labelling and quality, toxic chemicals and farm subsidies.
David Lidington, the Cabinet Office minister who is leading Brexit negotiations with the devolved administrations, said common standards were essential to protect the UK’s internal market and make it easier to export products, particularly to the EU.
The office listed 153 powers and policies held at EU level that affected the three devolved administrations, and needed to be repatriated. They included 82 covering areas such as policing, equalities, organ transplants, air quality and nature conservation, which would probably need common frameworks between Westminster and the devolved governments in Edinburgh, Cardiff and Belfast. Unlike the 24 areas most in dispute, they would not need legislation to underpin them.
Lidington said he believed publishing the list would help break the deadlock between the UK government and Scottish ministers, particularly over the powers on offer under the EU withdrawal bill. He said he hoped industry bodies, opposition parties and the public would realise the proposals were common sense.
“This can no longer just be a conversation between governments – this process has to be open and transparent,” he said.
Russell said he was particularly aggrieved over the issues of state aid and geographical food indicators for unique locally produced foods, such as Stornoway black pudding.
The list shows Wales and Scotland will be given new powers to license fracking, which would allow them to ban it entirely.
They would also be allowed to control renewable energy targets; major incidents; carbon capture and storage; water quality; forestry; EU legislation on oil and gas production; rights to cross-border healthcare, and voting rights for EU citizens in council elections. Northern Ireland would be given a swathe of new powers, including on aviation, consumer protection, and rail franchising and safety, as well as many powers being devolved to Scotland and Wales.
Andrew McCormick, the president of the National Farmers Union Scotland, said common UK frameworks were essential in areas such as animal welfare, plant health, chemicals regulations and food labelling and traceability.
“It is vital to maintain the internal market and that is the biggest shout in this: Scotland’s biggest market is with south of the border,” McCormick said.
