"There is a lot at stake with the EU Withdrawal Bill and the devolution aspect of it, and it appears that we are heading towards a situation where the Scottish Parliament on Tuesday will nearly certainly vote down a legislative consent motion on the EU Withdrawal Bill because of the treatment of devolution within it the way it is now constructed". However, their refusal to give consent sets up an unprecedented constitutional clash between Edinburgh and Westminster and complicates UK Prime Minister Teresa May's Brexit plan.
He said: 'This means that the vote on consent for the Withdrawal Bill at Holyrood today need not be the final word on this matter - there is still time to fix this mess'.
The Scottish government produced its own alternative Brexit legislation, which was passed by MSPs in March but is now subject to a legal challenge by the United Kingdom government.
But it has never been forced to overrule Holyrood before, and such a move could spark a constitutional crisis.
Theresa May will push on with Brexit legislation despite failing to secure the backing of the Scottish parliament.
With the Greens, Scottish Labour and the Liberal Democrats having said they will join the SNP and vote against granting consent, it is certain to be passed when MSPs vote on the matter at 5pm on Tuesday.
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He said he felt there were many powers being repatriated from the European Union as a result of Brexit which fall fairly to the devolved parliament.
The Scottish vote came as Ms May's cabinet subcommittee on Brexit met amid enduring differences over Britain's customs relationship with the European Union after Brexit.
Theresa May has the power to force the Bill through without getting the consent of Scotland.
He said the government would press ahead with the Bill but suggested it would be open to amending it to reflect Scottish concerns. Ministers in both governments are discussing a fresh round of talks. Nicola Sturgeon has refused to compromise.
The Scottish Parliament passed its own version of Brexit legislation, called the Continuity Bill, in March by a margin of 95-32 to ensure it retains control of areas that are now devolved after Britain formally leaves the EU.
"Obviously, there'll be an opportunity for further debate and discussion in parliament but also I hope there'll be the opportunity for debate and discussion between the two governments".