Is Humza Yousaf set to repeat his predecessor’s mistakes? He’s certainly not doing much to avert fears: today, his government has confirmed that it will be launching a legal challenge against the UK government’s section 35 order that blocked the bill. Shirley-Anne Somerville, the Cabinet secretary for social justice, wrote in response to a parliamentary question:
The use of section 35 of the Scotland Act 1998 to stop the legislation proceeding to Royal Assent is an unprecedented challenge to the Scottish parliament’s ability to legislate on clearly devolved matters. To uphold the democratic decision of the parliament, and ensure proper protection of devolution, Scottish Ministers will now lodge a petition for judicial review of the Secretary of State’s decision. The Scottish government does not consider the reasons set out by him provide sufficient justification for his decision to make an order under section 35 of the Scotland Act. The Scottish government also believes that the UK government has not used the power in line with the Memorandum of Understanding between the UK and Devolved Governments, or as envisaged when the Scotland Act was passed.
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