Scottish Government to have say in Supreme Court Brexit fight
The Scottish Government has been given the go-ahead to intervene in a legal challenge over how Article 50 should be triggered, with Holyrood Brexit Minister Mike Russell insisting the views of Scots "cannot simply be brushed aside".
The Scottish Government has been given the go-ahead to intervene in a legal challenge over how Article 50 should be triggered, with Holyrood Brexit Minister Mike Russell insisting the views of Scots "cannot simply be brushed aside".
He was speaking after the devolved administrations in Scotland and Wales had their applications to intervene granted, as the UK Government prepares to take its fight over whether MPs must vote for the Brexit process to formally get under way to the Supreme Court.
The Conservative Government at Westminster is appealing against an earlier High Court ruling which stated the Prime Minister must first seek the approval of Parliament before launching Article 50.
Now the Supreme Court has announced the Scottish and Welsh governments, and two other groups, have had applications to intervene granted.
As the legal system north of the border is different from England and Wales, counsel for the Scottish Government will be invited to address Supreme Court justices on the relevant points of Scots Law.
Mr Russell said: "We welcome the decision of the Supreme Court to allow the Scottish Government to intervene in the case, however we continue to call on the UK Government to drop the appeal and to accept that Parliament has the right to determine the triggering of Article 50.
"We recognise the decision of people in England and Wales to support Brexit, but the views of people in Scotland cannot simply be brushed aside. The Lord Advocate will be making the case on behalf of the Scottish Government and he will set out his arguments to the court."
In Scotland, 62% of those who voted in June's referendum favoured the UK remaining part of the European Union, with First Minister Nicola Sturgeon vowing to fight for Scottish interests in the wake of the result.
The leaders of the five parties represented at Holyrood had all campaigned to keep Britain in the EU, and opposition politicians welcomed the Supreme Court decision.
Scottish Green external affairs spokesman Ross Greer said: "It's a sad state of affairs that the Scottish Government has to go to court to ensure the voice of voters in Scotland can be heard, nevertheless this decision from the Supreme Court is very welcome.
"The Supreme Court has given the Prime Minister an opportunity to live up to the rhetoric of the UK being a 'family of nations', a phrase the Tories repeatedly used in 2014. Scotland voted to stay in the EU and if the Tories will not even try to recognise that and continue with their Brexit omnishambles, a referendum on independence seems inevitable."
Scottish Liberal Democrat leader Willie Rennie said: "It is right that the Scottish Government has been able to join the hearing at the Supreme Court.
"Whatever decision is made by the Supreme Court will have a profound impact here in Scotland. Previous court decisions have affirmed that Theresa May must not trigger Article 50 without a vote in Parliament. Acting without the approval of Parliament risks plunging the UK into a constitutional crisis. Scotland will now rightly be able to contribute to this appeal."
The Supreme Court case comes after investment fund manager and philanthropist Gina Miller and Deir Dos Santos, a hairdresser, along with other ''concerned citizens'' brought a legal challenge to Brexit.
Three senior High Court judges ruled the Prime Minister does not have power to use the royal prerogative to trigger Article 50 of the Lisbon Treaty to start the two-year process of negotiating Brexit without the prior authority of Parliament.
Mrs May and her ministers are now asking the Supreme Court to overturn that unanimous decision. Their appeal is due to be heard by 11 judges between December 5 and 8, with a judgment expected in the new year.