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What the Scottish Government has proposed in its proposals for a differentiated Brexit settlement may evoke howls of protest from Downing Street but is actually fairly mainstream opinion. 
 
So now we have it. The Scottish Government document Scotland’s Place in Europe sets out how the country might remain in the EU Single Market in the event of a hard Brexit. 
 
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On 24 October the plenary Joint Ministerial Committee [JMC (P)] of UK, Scottish, Welsh and Northern Ireland leaders met for the first time in two years. The occasion for resurrecting what had become an almost moribund body was to discuss the ‘UK approach’ to Brexit promised by the Prime Minister. The outcome was to set up another joint committee on Brexit to be known as JMC (EN), chaired by David Davis. The devolveds have also been promised a direct line to the Brexit Secretary.
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If Westminster were to assert the view that Brexit falls under foreign affairs and is therefore a reserved matter, the devolved territories would have little legal recourse but, says Michael Keating, doing would re-open the whole question of the nature of the union. 

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