Lord Advocate James Wolffe QC will lodge a formal application at the Supreme Court to intervene in the case when the appeal hearing begins
Lord Advocate James Wolffe QC will lodge a formal application at the Supreme Court to intervene in the case when the appeal hearing begins

Scottish government seeks to intervene in Brexit case

 

The Scottish government will seek to oppose the UK government in the Supreme Court during the appeal over the triggering of Article 50.

Advertisement

The High Court ruled last week that MPs must vote on whether the UK can start the process of leaving the EU.

The UK government immediately said it would appeal to the Supreme Court, with a hearing due next month.

The Lord Advocate, Scotland's most senior law officer, will now apply to be heard in the case.

A spokeswoman for the UK government's Department for Exiting the European Union said it would be for the courts to decide whether the intervention was granted, but insisted it was "determined to deliver a deal that works for the whole of the UK".

Prime Minister Theresa May argues that the result of the EU referendum - and existing ministerial powers - means MPs do not need to vote on the triggering of Article 50.

But a panel of three High Court judges agreed with campaigners that the move would be unconstitutional, and that parliament would need to vote before the formal process of leaving the EU can begin.

Scotland's first minister, Nicola Sturgeon, believes that the consent of the Scottish Parliament and the UK's other devolved parliaments and assemblies should also be sought before Article 50 is triggered.

The Scottish government had legal representatives observing the High Court case, and later said it was considering whether to become directly involved when the appeal is heard.

Confirming that it would seek to intervene, Ms Sturgeon said she believed Scotland should be treated as an "equal partner" in the United Kingdom.

If the Supreme Court was to allow the Scottish government's intervention and ruled against the UK government, it could mean there would have to be a vote on Article 50 in Holyrood as well as in Westminster.

The Welsh government has also said it will seek a role in the Brexit appeal case, while the Northern Ireland Attorney General has told a court in Belfast that one of two legal challenges to Brexit should be fast-tracked directly to the Supreme Court.

Ms Sturgeon stressed that she was not attempting to veto the process of England and Wales leaving the EU.

But she said the "democratic wishes of the people of Scotland and the national parliament of Scotland cannot be brushed aside as if they do not matter".

Scotland voted to remain in the EU by 62% to 38% in June's referendum, while the UK as a whole voted by 52% to 48% to leave.

Ms Sturgeon has pledged to do all she can to protect Scotland's place in Europe, and to maintain its membership of the single market.

Connect With Us : 0242202447 | 0551484843 | 0266361755 | 059 199 7513 |

Like what you see?

Hit the buttons below to follow us, you won't regret it...

0
Shares