This note reflects CoRWM’s views on a sensible and pragmatic approach in terms of the issues on waste management likely to face the Scottish Government following exit from the Euratom Treaty.
The note is not intended to provide constitutional law advice on the respective competences of the UK and Scottish Governments and, as recognised at various points in the paper, careful consideration would be required as to:
(a) whether the relevant functions are devolved or reserved, and
(b) the competence of the Scottish Government to deal with matters of international relations with Euratom and with the International Atomic Energy Agency (IAEA)
CoRWM notes that this issue is recognised in the Circular produced by the Scottish Government in September 2018 on the destination of powers:
Summary of the destination of Euratom powers and functions in the event of the withdrawal of the UK from the Euratom Community
CoRWM’s advice should be read in that light.