Welsh Government seeks to join Brexit legal challenge to protect devolution
THE LEAD CLAIMANT in the landmark legal case on whether the Tories can leave the EU without parliament’s authority expects the Scottish Government to join the case at the UK supreme court.
Gina Miller, who saw her legal appeal triumph at the high court, said the devolved authorities will argue their own particular case against the Tories triggering Article 50 of the Lisbon treaty without a full parliamentary process.
The Welsh Government has already confirmed that it will seek representation in the supreme court, while the Scottish Government is “currently considering” whether it should follow suit.
Speaking on the Andrew Marr programme, Miller said: "We are expecting a number of governments to join us. But their case will be different to ours. They will be talking about their own particular interests.”
“We will look at the judgment very carefully and, yes, we will actively consider whether there is a case for the Scottish Government to become a participant in that case.” Nicola Sturgeon
The counsel general for Wales, Mick Antoniw, the government’s senior legal officer, has said he will seek to intervene in the legal case “to make representations about the specific implications of the [UK] government’s proposed decision for Wales.”
Responding to the high court verdict last Thursday [3 November] Scottish First Minister Nicola Sturgeon said: “We will look at the judgment very carefully and, yes, we will actively consider whether there is a case for the Scottish Government to become a participant in that case.
“I do not think that the judgment this morning is a huge surprise to anybody who has followed the case, but it is hugely significant and underlines the total chaos and confusion at the heart of the UK Government.
“We should remember that its refusal to allow a vote in the house of commons is not some matter of high constitutional principle; it is because it does not have a coherent position and knows that if it takes its case to the house of commons, that will be exposed.”
The UK Government appeal is expected in early December. It would be unprecedented for devolved nations to oppose the UK Government in court over such a substantial and controversial political issue.
If legislation is created as part of triggering Article 50, then further legal wrangling is likely between Westminster and the Scottish Parliament.
The Scottish Government or parliament has rarely come into legal conflict with Westminster in public.
Even the independence referendum – where both governments were at loggerheads – a smooth, legal framework was agreed.
Holyrood has only withheld consent for Westminster legislation once, in the case of the 2011 Welfare Reform Bill.
Legislative Consent Motions (LCMs) are a procedural part of rubber-stamping legislation passed by the UK Government that impact on Scotland.
If legislation is created as part of triggering Article 50, then further legal wrangling is likely between Westminster and the Scottish Parliament.
Picture courtesy of Andrew Marr Show
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