you'd have to say that Scotland had its independence referendum a few years too early
The Scottish parliament can vote against any legislation passed by Westminster, including a Brexit Bill.
What happens if the UK and devolved governments can't agree on Brexit
Presumed consent? The role of Scotland, Wales and Northern Ireland ...
"Ever since devolution to Scotland, Wales and Northern Ireland began in 1999, the UK Government has operated according to the ‘Sewel’ or ‘legislative consent’ convention. Under this convention, Westminster will not normally legislate on devolved matters without the agreement of the devolved parliaments and assemblies.
Given
the stark political differences over Brexit, the legislative consent issue could spark serious conflict between the UK and the devolved governments. The Scottish First Minister, Nicola Sturgeon, has said that she could not contemplate giving consent to legislation that would take Scotland out of the European Union (EU) ‘against the express will of the Scottish people’, and there has been debate in
Wales and
Northern Ireland about whether those nations’ devolved assemblies will get to ratify the final Brexit deal.
Agreeing on the need for consent
When Westminster legislates in devolved areas, ‘legislative consent motions’ are passed in Scotland, Wales and Northern Ireland to allow the UK Parliament to proceed. This process may come into play to enable Westminster to implement Brexit (for example, if Westminster chooses to
repeal the European Communities Act 1973 or
amend the devolution statutes to remove references to EU law).
A look at the use of these motions to date shows that there have only been a few cases where the UK and devolved governments have failed to agree on whether consent is required. These disagreements have been most frequent in Wales, where the line between reserved and devolved responsibilities is sometimes unclear. There was also disagreement between the UK and Scottish Governments over the
Trade Union Bill back in December. The Scottish Government sought to withhold consent on the bill, while the UK Government argued that the legislation was in wholly non-devolved areas. In the event, the Presiding Officer agreed with the UK Government and ruled that the bill did not require a consent motion.
These are exceptions rather than the rule, and there has generally been effective communication and agreement on when consent is required. On the issue of Brexit, the Prime Minister has promised to seek an agreed approach with the devolved governments, but whether this will extend to seeking their consent on the terms of Brexit remains to be seen.
Providing and withholding consent
If consent was withheld, this would mark a break from what has generally been a history of collaboration and consensus".
A major consideration about the Irish border issue was that a Westminster Brexit bill would not get through the Stormont assembly. This latest deal was the only way the May government can hope to get it through Stormont, as legislation passed in Stormont has to be compatible with EU law and if not is referred to the ECJ. A major can of worms would have been opened if the UK government had imposed a hard border.
