Sign up to our free Brexit and beyond email for the latest headlines on what Brexit is meaning for the UK Sign up to our Brexit email for the latest insight
Theresa May is facing a fresh Brexit wrangle as the Scottish parliament has formally refused its consent to key legislation after months of rows over its impact on devolved powers.
MSPs have set themselves at odds with Westminster by backing a Scottish government motion that makes clear that Holyrood "does not consent to the EU Withdrawal Bill".
The move could trigger a constitutional crisis, as it would be the first time the UK government has pushed through laws against the will of Scotland, if Ms May decides to press ahead with the legislation.
It comes as the prime minister struggled to break the deadlock over customs arrangements after Brexit, which has divided her cabinet.
Scottish Labour, the Greens and the Liberal Democrats backed the SNP in the Holyrood vote, which gave Nicola Sturgeon's party the numbers to defeat the Scottish Conservatives on the motion.
Scottish government Brexit minister Mike Russell previously said the bill "rides roughshod over devolution", as it could see some powers returned to Whitehall, rather than Holyrood, after the UK leaves the EU.
Speaking after the vote, he said: “The UK Government wants to take a power to restrict the competence of this Parliament.
“And it wants to be able to exercise this power even in the face of an explicit decision by this Parliament that it should not.
“The Scottish Parliament has now said overwhelmingly that this attempt to undermine devolution is unacceptable.”
Such a move would not prevent the UK government from introducing the legislation - but it would be the first time Westminster has pushed through laws against the wishes of the Scottish Parliament.
Mr Russell will now write to David Lidington, Ms May’s de facto deputy, who has been leading the talks with the devolved administrations.
Earlier, David Mundell, the Scottish secretary, rejected claims of a "power grab" as he said no changes were being made to existing arrangements.
He said: "Obviously, it's up to the Scottish parliament to take whatever decision they want to take.
"I still hope that they will take a positive decision, that they will take a step back and look at the proposal that we have put forward in relation to the specific arrangement which is just to keep 24 areas which affect the whole of the UK exactly as they are at the moment, so that the day after we leave the EU nothing will have changed.
Show all 53 1 /53Brexit so far: in pictures Brexit so far: in pictures Brexit campaign Boris Johnson led the VoteLeave campaign
PA
Brexit so far: in pictures Brexit campaign Boris Johnson MP, Labour MP Gisela Stuart and UKIP MP Douglas Carswell address the people of Stafford in Market Square during the Vote Leave Brexit Battle Bus tour on 17 May 2016. Their lead line on the tour was: “We send the EU £350 million a week, let's fund our NHS instead.”
Getty
Brexit so far: in pictures Voting day A man shelters from the rain as he arrives at a polling station in London on 23 June 2016. Millions of Britons voted in the referendum on whether to stay in or leave the European Union
AFP/Getty
Brexit so far: in pictures Referendum results Leader of Ukip, Nigel Farage, reacts at the Leave EU referendum party at Millbank Tower in central London as results indicated that it was likely the UK would leave the European Union
AFP/Getty
Brexit so far: in pictures Protesting the result A young couple painted as EU flags and a man with a sign reading “I’m not leaving” protest outside Downing Street against the voters decision to leave the EU on 24 June 2016
Getty
Brexit so far: in pictures David Cameron resigns British Prime Minister David Cameron resigns on the steps of 10 Downing Street on 24 June 2016 after the results of the EU referendum were declared and the United Kingdom voted to leave the European Union
Getty
Brexit so far: in pictures Theresa May Becomes the new Conservative Party leader Theresa May receives a kiss from her husband Philip, after becoming the new Conservative Party leader on 11 July 2016. May became Prime Minister two days later and although she voted to remain in the referendum was keen to lead Britain’s Brexit talks after her only rival in the race to succeed David Cameron pulled out unexpectedly. May was left as the only contender standing after the withdrawal from the leadership race of Andrea Leadsom, who faced criticism for suggesting she was more qualified to be prime minister because she had children
AFP/Getty
Brexit so far: in pictures Lancaster House keynote speech on Brexit British Prime Minister Theresa May delivers her keynote speech on Brexit at Lancaster House in London on 17 January 2017. Where she spoke about her offer to introduce a transition period after the UK formally leaves the European Union in March 2019. Despite repeating the pro-Brexit mantra of “no deal is better than a bad deal”, the Prime Minister claimed she wanted a “tone of trust” between the negotiators and said Britain was leaving the EU but not Europe. She said there should be a clear double lock needed for the transitional period to make sure businesses had time to prepare for changes to their trading relationships with the EU
Getty
Brexit so far: in pictures Triggering of Article 50 British Prime Minister Theresa May in the cabinet, sitting below a painting of Britain's first Prime Minister Robert Walpole, signs the official letter to European Council President Donald Tusk invoking Article 50 and the United Kingdom's intention to leave the EU on 29 March 2017
Getty
Brexit so far: in pictures Gibraltar nonsense Tensions have risen over Brexit negotiations for the Rock of Gibraltar. The European Council has said Gibraltar would be included in a trade deal between London and Brussels only with the agreement of Spain. While former Conservative leader Michael Howard claimed that Theresa May would be prepared to go to war to protect the territory. Spain's foreign minister stepped in only to assert that there was no need for the dispute
Getty
Brexit so far: in pictures Shock snap election Soon after triggering Article 50, Theresa May called on 18 April 2017 for a snap general election. The election would be on 8 June and it came as a shock move to many, with her reasoning to try to bolster her position before tough talks on leaving the EU
AFP/Getty
Brexit so far: in pictures Dissolution of Parliament for General Election Campaign Prime Minister Theresa May makes a statement in Downing Street after returning from Buckingham Palace on 3 May 2017. The Prime Minister visited the Queen to ask for the dissolution of Parliament signalling the official start to the general election campaign
Getty
Brexit so far: in pictures Conservatives lose parliamentary majority An arrangement of British daily newspapers showing front page stories about the exit poll results of the snap general election. British Prime Minister Theresa May faced pressure to resign on 9 June 2017 after losing her parliamentary majority, plunging the country into uncertainty as Brexit talks loomed. The pound fell sharply amid fears the Conservative leader would be unable to form a government
AFP/Getty
Brexit so far: in pictures Labour gains Britain’s opposition Labour Party leader Jeremy Corbyn gives a tumbs up as he arrives at Labour headquarters in central London on 9 June 2017 after the snap general election results showed a hung parliament with Labour gains and the Conservatives losing their majority
AFP/Getty
Brexit so far: in pictures Brexit negotiations begin Brexit Minister David Davis and European Commission member in charge of Brexit negotiations Michel Barnier address a press conference at the end of the first day of Brexit negotiations in Brussels on 19 June 2017
AFP/Getty
Brexit so far: in pictures May speaks in Florence British Prime Minister Theresa May speaks on 22 September 2017, in Florence. May sought to unlock Brexit talks after Brussels demanded more clarity on the crunch issues of budget payments and EU citizens' rights
AFP/Getty
Brexit so far: in pictures EU council summit – insufficient progress German Chancellor Angela Merkel joins other EU leaders for a breakfast meeting during an EU summit in Brussels on 20 October 2017. The EU spoke about Brexit and announced that insufficient progress had been made
AFP/Getty
Brexit so far: in pictures DUP derails settlement on the withdrawal part of Brexit DUP Deputy Leader Nigel Dodds walks off after speaking to members of the media as a protester holding flags shouts after him outside the Houses of Parliament on 5 December 2017. British Prime Minister Theresa May was forced to pull out of a deal with Brussels after the DUP said it would not accept terms which see Northern Ireland treated differently from the rest of the UK
Getty
Brexit so far: in pictures May suffers defeat over EU (Withdrawal) Bill Theresa May suffers defeat in parliament over EU (Withdrawal) Bill on 13 December 2017. The Government was defeated by Conservative rebels and Labour MPs in a vote on its key piece of Brexit legislation. MPs amended the EU (Withdrawal) Bill against Theresa May's will, guaranteeing Parliament a “meaningful” vote on any Brexit deal she agrees with Brussels. Ms May's whips applied pressure on Conservative rebels who remained defiant in the Commons throughout the day and in the end the Government was defeated by 309 votes to 305
Brexit so far: in pictures EU council summit – sufficient progress Britain's Prime minister Theresa May arrives to attend the first day of a European union summit in Brussels on 14 December 2017. European leaders discussed Brexit and announced there was finally sufficient progress at the end of the two days
AFP/Getty
Brexit so far: in pictures The game moves to transition Brexit Secretary David Davis gives evidence on developments in European Union divorce talks to the Commons Exiting the EU Committee in Portcullis House, London, on 24 January 2018
PA
Brexit so far: in pictures Trade deal is what May wants French President Emmanuel Macron gestures to Britain's Prime Minister Theresa May after they hold a press conference at the Royal Military Academy, Sandhurst, on 18 January 2018. May and Macron agreed a new border security deal, through which the UK will pay more to France to stop migrants trying to reach British shores on 18 January 2018
AFP/Getty
Brexit so far: in pictures Transition period agreed The UK and EU agree terms for Brexit transition period on 19 March, 2018
Reuters
Brexit so far: in pictures No agreement on Irish border The EU and UK however failed to reach an agreement on the Irish border during the successful talks on other Brexit issues
AFP/Getty
Brexit so far: in pictures EU attacks May’s ‘fantasy’ strategy For months after the March deal is struck there is little significant progress in talks. One senior EU official tears into Britain’s ‘fantasy’ negotiating strategy and accuses Theresa May of not even having a position on a variety of important issue
Getty
Brexit so far: in pictures UK releases Ireland plan Britain releases a new customs plan to solve the Northern Ireland border but Michel Barnier says it leaves ‘unanswered’ questions and would not prevent a hard border
EbS
Brexit so far: in pictures Chequers plan agreed The cabinet agrees on a plan known as the "Chequers deal" on July 6 2018. The plan seeks regulatory alignment on goods and food, divergence on services, freedom from the European Courts of Justice and an end to free movement. Many were surprised that the hard Brexiteers of the cabinet would agree to this plan
PA
Brexit so far: in pictures Chequers plan sparks resignations Brexit Secretary David Davis and Foreign Secretary Boris Johnson and numerous ministers resign in the days following the Chequers agreement
Reuters
Brexit so far: in pictures Davis out, Raab in On 9 July, Dominic Raab replaces David Davis as Brexit Secretary. Raab is a keen Brexiteer and was a housing minister before taking over from Davis
Reuters
Brexit so far: in pictures Barnier's "deal like no other" EU chief negotiator Michel Barnier claims on August 29 2018 that they are prepared to offer Britain a trade deal like no other, though he stressed that they will not divide or change the single market to accommodate Britain
AP
Brexit so far: in pictures "My deal or no deal" In an interview on Panorama on September 17, the Prime Minister insists that any Brexit deal will be offered to the EU on her terms. She asserts this amongst continued attacks on her approach to Brexit by Boris Johnson and the European Research Group, headed by Jacob Rees Mogg
BBC/Jeff Overs
Brexit so far: in pictures EU leaders reject Chequers Quite the blow was dealt to the Prime Minister at a EU leaders summit in Salzburg on September 20. European Council President Donald Tusk stated that the Chequers deal "will not work"
Reuters
Brexit so far: in pictures May demands respect Following the rejection of her Chequers plan the day before, the Prime Minister voiced her anger that the EU had dismissed it without offering an alternative. She stated that “throughout this process, I have treated the EU with nothing but respect. The UK expects the same. A good relationship at the end of this process depends on it."
Getty
Brexit so far: in pictures People's Vote march As the People's Vote campaign and The Independent's Final Say campaign gain traction, 700,000 people turn out in London to demand a final say on the UK's Brexit deal on October 20 2018
PA
Brexit so far: in pictures More resignations As the Prime Minister settles on a Brexit deal, Brexit secretary Dominic Raab resigns along with Work and Pensions secretary Esther McVey and many other ministers
Getty
Brexit so far: in pictures Final Say petitions delivered to Downing Street People's Vote supporting MPs Chukka Umunna, Justine Greening and Caroline Lucas and The Independent editor Christian Broughton deliver over a million signatures in favour of a People's Vote to the Prime Minister at 10 Downing Street on December 3 2018
PA
Brexit so far: in pictures May delays vote On December 10, the Prime Minister delayed the vote on her Brexit deal as it was near certain not to pass through the Commons due to Tory rebels and lack of DUP support
AFP/Getty
Brexit so far: in pictures No confidence motion Tory MPs triggered a confidence vote in the Prime Minister on December 12. She won by 200 votes to 117
Reuters
Brexit so far: in pictures Commons rejects the deal Following the delay, the Prime Minister's deal was rejected in the Commons by a historic 230 votes
AFP
Brexit so far: in pictures Corbyn tables a no confidence motion Following the rejection of the Prime Minister's deal, opposition leader Jeremy Corbyn tabled a motion of no confidence in the government, which the government won by a margin of 19
AFP/Getty
Brexit so far: in pictures Plan B The Prime Minister won the support of the commons to return to Brussels to renegotiate the backstop on January 29. In the same sitting, MPs also voted against a no-deal Brexit in a non-legally binding motion
PA
Brexit so far: in pictures EU council president savages Brexit campaigners who failed to plan for departure: ‘Special place in hell’ There is a “special place in hell” for pro-Brexit campaigners who demanded Britain leave the EU without explaining how it should happen, Donald Tusk has said. The European Council president launched the scathing attack as he accused anti-EU campaigners of pushing for Brexit “without even a sketch of a plan how to carry it out safely.” Mr Tusk also dismissed suggestions that the EU could reopen negotiations over the controversial Northern Ireland backstop, dealing a blow to Theresa May‘s hopes of securing fresh concessions as she tries to get her exit deal through parliament. Speaking in Brussels alongside Irish taoiseach Leo Varadkar, Mr Tusk said: “I’ve been wondering what a special place in hell looks like for people who promoted Brexit without even a sketch of a plan how to carry it out safely.” He also tweeted the accusation moments later
Getty
Brexit so far: in pictures EU and UK announce talks to restart after Theresa May visits Brussels Both have agreed to restart Brexit talks to find “a way through” the deadlock in Westminster, following a visit by Theresa May to Brussels. In a joint statement the British government and European Commission said Ms May had had a “robust but constructive” meeting with president Jean-Claude Juncker, and that the pair would meet again before the end of the month. But the EU again refused to reopen the withdrawal agreement and its controversial backstop – with any negotiations expected to focus on the future relationship between the UK and EU instead
Getty
Brexit so far: in pictures Brexit strategy lost MPs voted down May's Brext plans, with a majority of 45. The prime minister did not appear in parliament to see another defeat
PA
Brexit so far: in pictures Labour and Conservative MPs resign and create the Independent Group Back row of Chris Leslie, Gavin Shuker, Chuka Umunna and Mike Gapes, middle row of Angela Smith, Luciana Berger and Ann Coffey and front row of Sarah Wollaston, Heidi Allen, Anna Soubry and Joan Ryan
PA
Brexit so far: in pictures Non-biding votes on amendments to Brexit motion On February 27 he house held a series of votes, unanimously calling for the UK and EU to guarantee citizens rights in a no-deal scenario
AFP/Getty
Brexit so far: in pictures Attorney General publishes legal advice A hammer blow for May as Geoffrey Cox said her renegotiated deal can still leave UK in backstop against its will. Mr Cox did say the prime minister’s efforts had reduced the risk of the UK being trapped in the backstop indefinitely. MPs went on to vote against her deal by 391 to 242
UK Parliament/PA
Brexit so far: in pictures No-deal off the table MPs rejected a no-deal Brexit by 43 votes on March 13, with cabinet ministers rebelling in another humiliating defeat for Theresa May. A day later they voted in favour of the prime minister seeking an extension to Article 50
AFP/Getty
Brexit so far: in pictures House speaker bans May from third Commons vote on same Brexit deal John Bercow sensationally told Theresa May he would stop her making another attempt to pass her Brexit deal unless she has secured changes. The Speaker said a further ‘meaningful vote’ would be ruled out of order if the motion was “the same or substantially the same’ – under an ancient convention to stop the government bullying parliament on issues MPs have rejected
Parliament Live
Brexit so far: in pictures May writes to Tusk The prime minister wrote to Donald Tusk, president of the European Council, to ask for a three-month extension to give her more time to try to get her deal through parliament. However the European Commission advises the EU27 should offer a short extension to May 23 or a longer one meaning the UK would participate in European elections
10 Downing Street/AFP/Getty
Brexit so far: in pictures European Council summit Theresa May’s request to extend triggering Article 50 until the end of June was rejected by the EU, and instead offered a shorter time frame. She accepted the offer of a delay until May 22 if her withdrawal deal is approved by Parliament. If MPs rejected it for a third time, the EU said Britain must propose a new plan by April 12. Ms May said she will not support a long delay because it would mean Britain participating in elections for the European Parliament
Getty
Brexit so far: in pictures Brussels confirms preparations for a no-deal Brexit are completed They warned that it is “increasingly likely” the UK will crash out. In a statement the European Commission (EC) said “preparedness and contingency work”, which the EC has been conducting since December 2017, was now finished. The announcement came days after EU leaders agreed to a request by Theresa May to extend the UK’s Brexit date
AFP
Brexit so far: in pictures May resigns
Reuters
"Then there will be an opportunity to have a discussion across the whole of the UK as to what new arrangements should replace those which are already in place. I just don't see how that can be characterised as a power grab."
It comes after a meeting of Ms May's Brexit war cabinet, where senior figures are trying to find a way to end the standoff over the future customs relationship with the EU.
Ministers have been split into two groups to explore the two options - a "customs partnership", which is favoured by Ms May, and "maximum facilitation" plans backed by Brexiteers.
The EU is pressing for "substantive progress" from Britain on the future of the Irish border in time for a crunch European Council summit just six weeks away.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies