THE SNP and Scottish Conservatives have agreed that a contentious clause needs to be amended before the EU Withdrawal Bill can proceed.

Scottish Brexit Minister Mike Russell said yesterday that Clause 11 of the bill needs to be amended to restore the spirit of the Scotland Act.

His opinions were backed by Adam Tomkins, constitution spokesman for the Scottish Conservatives, in an interview on BBC’s Sunday Politics programme.

Tomkins said his party agreed with the move. He said: “There is a fundamental principal on which Scottish devolution rests and has rested since its creation 20 years ago which is that everything is devolved unless it is expressly reserved.

“That is the principle Clause 11 needs to be amended to comply with and that is our position too. It is relatively easily done. This does not have to be difficult.”

Tomkins said a deal could be struck on the issue after Theresa May said she was prepared to make amendments to the bill – and the MSP warned his party “Brexit would not happen” unless amendments were made that made the Bill “work”.

He said the delay in bringing forward those amendments was caused by some powers which were subject to UK agreements.

Tomkins added: “The reason there is a hold-up is because it is important that some of those powers exercised by Holyrood are subject to UK-wide agreements, so there isn’t an inadvertent pulling apart of the United Kingdom.

“I have always said a deal can be struck on this issue and the reason for that is both the United Kingdom and the Scottish Government want to be in a position whereby Holyrood can give its consent.”

Appearing earlier, Russell said the point had been conceded about amending the clause but it has yet to happen.

He added: “What has to happen to get to legislative consent, the UK Government have to amend the bill. They have to amend, particularly, Clause 11 and remove the difficulties that clause contains. There is no other way for this bill to get legislative consent. We have been promised it and it hasn’t happened.

“The point is conceded, they just haven’t produced the amendment.”

The subject of Clause 11 came up last week after it emerged the bill had not been amended before its third reading in the Commons this week, despite Scottish Secretary David Mundell saying it would be.

Scottish Labour will attempt to press the issue, with a motion at Holyrood “condemning the UK Government’s failure to amend the EU Withdrawal Bill to protect the devolution settlement”.

Labour said every party signing the motion, including the Scottish Tories, would send “a powerful cross-party message” ahead of its attempts to amend the Bill in the Commons. Brexit spokesman Neil Findlay said: “If Ruth Davidson is serious about getting this law amended, she will add her name to my motion ... and urge her MPs to back Labour’s amendment this week.”

Meanwhile, the Scottish Tories, have urged Nicola Sturgeon to back UK-wide rules on trade and immigration ahead of the publication of fresh Brexit analysis.

The party called on the First Minister to take heed of the results of a survey by ScotCen which found a majority of Scots want to keep the same rules as the rest of the UK on reserved issues such as trade (67 per cent) and immigration (63 per cent) upon leaving the EU.

Appearing on the BBC’s Andrew Marr Sturgeon said Scots were more favourable to free trade and free movement, saying the same study found 63 per cent of Scots would accept free movement in return for free trade, compared to 53 per cent of people across the UK.

A UK Government spokeswoman said: “We want all parts of the UK to come together in support of this legislation, which is crucial to delivering the outcome of the referendum.

“Every part of the United Kingdom needs a functioning statute book. That applies as much to Scotland as elsewhere. Our approach remains the same: we want to achieve consensus for this essential piece of legislation.”