Application to Supreme Court

Sturgeon in bid to impose court ruling on May

Theresa May with FM at Bute House (photo by Terry Murden)
Theresa May with FM at Bute House (photo by Terry Murden)

Scottish government lawyers are to challenge the UK Government’s attempt to overturn a court ruling on the triggering of Brexit.

The Lord Advocate, Scotland’s most senior law officer, is to lodge a formal application at the Supreme Court ensure the UK government abides by the High Court’s ruling that the Brexit decision must be debated in parliament.

First Minister Nicola Sturgeon said it “simply cannot be right” that rights linked to membership of the European Union “can be removed by the UK Government on the say-so of a Prime Minister without parliamentary debate, scrutiny or consent”.

The First Minister said the “democratic wishes of the national Parliament of Scotland cannot be brushed aside”.

Confirming a report in Daily Business last week, the First Minister added: “Legislation should be required at Westminster and the consent of the Scottish Parliament should be sought before Article 50 is triggered.”

It comes after three senior High Court judges last week ruled that Prime Minister Theresa May does not have the power to trigger Article 50 of the Lisbon Treaty to start the two-year process of negotiating Brexit without the authority of the UK Parliament.

The UK Government immediately announced that it would appeal against the judgment by taking the case to the Supreme Court.

The Scottish Government believes it must also be formally consulted before Article 50 is triggered.

Lord Advocate James Wolffe is to lodge an application to intervene in the legal case as soon as the UK Government formally submits its appeal.

Ms Sturgeon said: “The Prime Minister needs to live up to her promise to treat Scotland as an equal partner in the United Kingdom and listen to the will of the people of Scotland.”

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