Nicola Sturgeon to consider 'actively opposing' Brexit judgment appeal

The Scottish Government could become involved in the legal challenge resulting from the Brexit vote, the First Minister revealed as she described the High Court's verdict that MPs must consent to the triggering of Article 50 as "hugely significant".

Nicola Sturgeon said ministers will now "actively consider" if the Holyrood administration should become involved in the case.

She was speaking after the UK Government confirmed it would appeal the result.

In one of the most important constitutional cases in generations, three senior judges ruled that Prime Minister Theresa May does not have the 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 the Westminster Parliament.

Ms Sturgeon said: "The judgment this morning I don't think is a huge surprise for anyone that followed the case, but it is hugely significant and it underlines the total chaos and confusion at the heart of the UK Government.

"We should remember that their refusal to allow a vote in the House of Commons is not some matter of high constitutional principal, it's because they don't have a coherent position and they know that if they take their case to the House of Commons that will be exposed."

Asked by Labour MSP Lewis Macdonald if the Scottish Government would "actively oppose" the appeal by the UK Government when the case reaches the Supreme Court, Ms Sturgeon said: "We will be looking at the judgment very carefully and yes we will actively consider whether there is a case for the Scottish Government to become participants in that case."

She added: "The job of this Government is to protect Scotland's interests, Scotland voted to remain in the EU and my job is therefore to protect our place in Europe and in the single market as far as I possibly can.

"SNP MPs in the House of Commons will certainly not vote for anything that undermines the will or the interest of the Scottish people."

Ms Sturgeon, speaking at First Minister's Questions, also used the weekly clash to attack Ruth Davidson after the Tory leader claimed the prospect of a second vote on independence is the "biggest threat to Scotland's economy at the moment".

The SNP leader insisted instead that "dragging Scotland out of the European Union against our will" poses the greatest economic danger.

She added of Ms Davidson: "For her to talk about constitutional uncertainty is beyond words."

The Tory leader began the exchange at Holyrood by attacking the Scottish Government over its plans to increase council tax charges for those living in the most expensive properties.

Ms Davidson then went on to tell the First Minister that Scots will pay more in income tax under the SNP, while businesses are also paying more in rates.

The Conservative said: "Here is the SNP plan. Higher council tax, higher business rates, higher income tax and a second referendum which is damaging confidence. We all want economic growth but how does that plan deliver it?"

Ms Sturgeon said: "This is when I start to wonder if Ruth Davidson is my secret FMQs agent - that she can get up today of all days and talk about constitutional uncertainty frankly beggars belief.

"This is the day when her party has just been overturned in the courts, when the courts have said their intention to trigger Article 50 without a vote in Parliament is illegal. For her to talk about constitutional uncertainty is beyond words."

The SNP leader continued: "Let me make clear the job of this Government. The job of this Government is to make sure we look after public services, it's to make sure we bring forward proposals for tax that are reasonable, balanced and progressive, that allow us to protect those public services and allow us to make sure we're supporting our economy to grow, particularly through our support for the smallest businesses in our country.

"Our job also is to make sure we're standing up for the interests of this country and doing everything that we can to prevent the party that Ruth Davidson is a member of from dragging Scotland out of the European Union against our will, because that is the biggest risk to our economy and that is what Ruth Davidson really needs to wake up to."

Ms Sturgeon argued that reforms of the council tax, which will see the near decade long freeze lifted with councils able to increase the levy by up to 3%, are "responsible, balanced and progressive".

Changes to the bands will raise an additional £100 million, she said, with this money to go direct to schools to help cut the attainment gap.

She added: "Parties across this chamber frequently and rightly talk about the importance of raising attainment in schools, but you can't talk about the desirability of the ends unless you are also prepared to vote for the means to do it."

But Ms Davidson claimed that "thousands of ordinary families" will be left worse off as a result.

The Conservative leader said: "We on these benches accept the need to end the freeze and to increase rates for those in the very largest homes.

"But we believe the SNP's plans go too far, by hitting thousands of ordinary working households."

Ms Sturgeon responded: "Three out of four Scottish households will pay no more in council tax as a result of the re-banding. Yes, people living in higher band houses will pay more, and we also propose lifting the freeze, but capping that at 3%, but local authorities will have the ability to decide within that parameter to raise council tax if they so wish.

"I think that's right, it's responsible, it's progressive and crucially it gained the support of the Scottish people in an election just a matter of months ago."

Scottish Labour leader Kezia Dugdale highlighted research from the independent Scottish Parliament Information Centre (Spice) showing that under the SNP's reforms, Band A homes would pay four times more tax as a proportion of the value of their home than the richest in Band H.

In contrast, she said her party's plans to scrap the tax and replace it with a fairer system would result in Band A properties paying less than they do currently, with 80% of homes better off.

She said: "The First Minister seems to have forgotten that she lost her majority in May. In 2011 she won a majority in this chamber with a promise to scrap the council tax and it seems she only has a mandate when it suits her.

"The truth is the First Minister has broken her promise to voters. When the measures are voted on later today the SNP want to just tinker with the bands - Nicola's own words, and she again admitted that that would not make the system any fairer.

"This isn't big enough First Minister, it isn't bold enough."

In response, Ms Sturgeon said the council tax vote was "not some kind of political game", and told Ms Dugdale that her party had lost its position as the official opposition in May while the SNP's proposals had attracted more votes than the Tories and Labour combined.

She said: "That's why we will put forward our proposals for fair and progressive changes that will raise £100 million for our schools and it's decision time for Labour because people will be looking tonight to see whose column Labour MSPs' names end up in.

"Will they end up in the column of fair and progressive change and more money for our schools, or will they end up in the same column as the Conservatives who don't believe in progressive taxation and who don't want to protect our public services."

Greens co-convener Patrick Harvie said there was a "very strong case for real fundamental reform" of local taxation, with the cross-party commission agreeing that the present system must end.

He said: "I regret the fact that the SNP no longer supports that view but we have been willing to work with the Government on the modest adjustments that we can support even if we can't do so without voicing any criticism at all."

• Scottish News