THE looming crucial confrontation between the Scottish Parliament and the Tory Government in Westminster over the issue of the Internal Market Bill will now certainly take place.

It is likely to even reach the courts after the Scottish Government yesterday announced it would not consent to the bill as it breaches international law.

The Scottish Government will refuse to pass what is known as a legislative consent motion on the Internal Market Bill – such consents are normally needed for the UK Parliament to pass laws that involve devolved matters, which the bill currently before the Commons most certainly does.

With the Greens and Scottish Labour set to support the SNP Government, the Holyrood Parliament will see a large majority refusing legislative consent for the controversial bill.

Prime Minister Boris Johnson and his Government are determined to railroad the legislation through Westminster as the UK’s Brexit transition period comes to an end in January.

Scottish ministers are effectively saying the bill is illegal, and the prospect is now looming of a court battle.

This will most likely take place in the UK Supreme Court over the issue of whether the bill does comply with the law.

A Legislative Consent Memorandum (LCM) lodged with the Scottish Parliament by Constitutional Relations Secretary Michael Russell states the bill undermines devolution and breaches international law.

It adds that to recommend consent would “therefore be incompatible with Scottish ministers’ responsibilities under the Ministerial Code”.

The LCM states that the Internal Market Bill undermines both the devolution settlement and agreed ways of working across the UK following EU exit; risks more uncertainty and confusion for business and consumers; encourages harmful deregulation without democratic accountability or proper parliamentary scrutiny and explicitly gives UK ministers wide new powers in currently devolved areas of economic support and allows for breaches of international law.

Russell said: “This is a defining moment that will determine both the future of the Scottish Parliament and whether or not the UK can be described as a partnership of equal nations.

“UK Government ministers have accepted the bill will break international law. It would be equally outrageous if they decided also to break the constitutional convention that the Westminster Parliament does not legislate in devolved areas without the consent of the Scottish Parliament.

“The UK’s established constitutional rules mean that the consent of the Scottish Parliament is required for the UK Government’s Internal Market Bill to proceed. If the Parliament refuses to grant consent then that should kill the bill stone dead.

“It will demonstrate beyond all doubt that the UK Government does not believe the UK to be a partnership of equals.

“This bill opens the door to a post-Brexit race to the bottom and will mean democratic decisions of the Scottish Parliament on public health, environmental standards, food standards and a range of other key areas can be over-ridden.

“The Scottish Government will ask the Parliament to make a decision on whether to grant consent next month and the memorandum we have published today sets out in detail why we could never recommend the Parliament agrees that its powers should be eroded so fundamentally.”

Scottish Labour’s spokesperson on Brexit and the constitution, Alex Rowley, said: “The Internal Market Bill is riddled with flaws that would de-stabilise devolution across the UK and undermine the union.

“This approach will be resisted across the devolved administrations and Boris Johnson needs to listen.”

LibDem Scottish affairs spokesperson Wendy Chamberlain MP said: “We all want a successful economy with a smooth internal market.

“To guarantee long term success it will need all four administrations to agree the underlying frameworks. This mustn’t be centralised in Whitehall.

“People will be safer, and the internal market stronger, if the UK Government agrees to take decisions jointly with the other administrations.

“The Liberal Democrats believe wholeheartedly in supporting a reformed union between Scotland, England, Wales and Northern Ireland.

“The Internal Market Bill needs to change to reflect that.The SNP and the Scottish Government should also change their position and adopt that co-operative approach.”

Meanwhile, Scottish Conservative constitution spokesperson Dean Lockhart has defended the bill, saying it protects half a million jobs in Scotland. He accused the SNP of putting those jobs at risk through their opposition to the bill.

He said: “The UK internal market bill protects 545,000 jobs across Scotland and is essential for our businesses who trade with the rest of the UK.

“The SNP have yet to explain why they would recommend putting over half a million jobs and livelihoods in Scotland at risk with their opposition to this bill.

“This legislation is vital in order to ensure that Scotland’s links with its most important market are not only maintained but can be built upon going forward.”

A UK Government spokesperson said: “The recommendation from the devolved administration in Scotland is disappointing.

“This bill will protect Scottish businesses and jobs by ensuring trade can continue between different parts of the UK.

“More than 60% of Scottish exports go to England, Wales and Northern Ireland.’

“It is also a hugely significant act of devolution and will hand vast powers from Brussels back to Holyrood.

“We urge the Scottish Parliament to support this vital bill.”