Supreme Court rules Scottish and Welsh Governments can intervene in Brexit fight

Both the Scottish and Welsh Governments are to be allowed to intervene in a court battle over how the Brexit process should be formally triggered, the Supreme Court has announced.

The UK Government is appealing against a High Court ruling that Prime Minister Theresa May must seek MPs' approval to trigger the process of taking Britain out of the European Union.

Counsel for the Scottish Government is being invited by the Supreme Court justices to address the court on the relevance of points of Scots law so far as they do not form part of the law of England and Wales.

The Independent Workers Union of Great Britain, which describes itself as "fighting for the rights and welfare of some of the most vulnerable and under-represented workers in the UK", has also been given permission to make submissions to the court.

The Attorney General for Northern Ireland has made a reference to the court on devolution issues and did not need permission to intervene.

The historic legal challenge over Brexit was brought by investment fund manager and philanthropist Gina Miller and Deir Dos Santos, a hairdresser, with other "concerned citizens".

Three senior High Court judges ruled that 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.

Counsel General for Wales Mick Antoniw welcomed the court's permission to intervene and said the Welsh Government would be seeking to "reinforce the importance of parliamentary sovereignty and the rule of law".

Mr Antoniw said: "This case raises issues of profound importance, not only in relation to the concept of parliamentary sovereignty but also in relation to the wider constitutional arrangements of the United Kingdom and the legal framework for devolution.

"This case is not about whether the UK leaves the EU or not. The people have voted for the UK to leave the EU, and the UK will leave.

"The sole legal question at issue is whether the UK Government can, as a matter of constitutional law, use the prerogative powers to give notice of withdrawal from the European Union.

"In the Supreme Court, the Welsh Government will seek to reinforce the importance of parliamentary sovereignty and the rule of law: core, established principles of British constitutional law."

Plaid Cymru said the Welsh Government's intervention was necessary to promote and protect Welsh interests and democracy.

Steffan Lewis, the party's shadow cabinet secretary for external affairs, said: "In its representations to the Supreme Court, the Welsh Government needs to emphasise that the National Assembly should hold a vote on the terms of how the Brexit process gets under way, and that the UK Government must respect the outcome of that vote, whatever its result.

"On June 23, people in Wales may have voted to leave but they did not vote to centralise power in Westminster, nor to give the Tories a mandate to ruin our economy by pursuing a reckless strategy of severing economic links.

"Wales's voice must be heard as crucial decisions are taken over our country's future."

The Scottish Government's Brexit Minister Mike Russell welcomed the decision from the Supreme Court.

But Mr Russell, the Minister for UK Negotiations on Scotland's Place in Europe, urged the UK Government to "drop the appeal and to accept that Parliament has the right to determine the triggering of Article 50".

He said: "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."

Scottish Greens' 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.

"Theresa May's warm words about Scotland being listened to have turned out to be just as empty as the Leave campaign's promise of £350 million a week for the NHS.

"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 News