Scottish Government sets out case for Holyrood vote before Article 50

Posted On: 
26th November 2016

Scotland’s top lawyer will argue that Theresa May should seek Holyrood’s approval before triggering Article 50 during the upcoming court case over the Brexit process.

The Scottish Government has been pushing for Holyrood to be consulted before Article 50 is triggered
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In written submissions to the Supreme Court ahead of the appeal that will decide whether MPs should vote on triggering Article 50, Lord Advocate James Wolffe QC said Brexit will impact on devolved authorities and therefore should not go ahead with Scotland’s approval.

Leaving the EU would have a widespread impact on Scottish laws, he said.

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"The effects of withdrawal from the EU on devolved matters are such as to engage the legislative consent convention under which the UK parliament will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament.

"The constitutional requirements, according to which any decision to withdraw from the EU must be taken, include both the legal requirement for an Act of the UK Parliament, and the legislative consent convention."

The Government launched the appeal after the High Court ruled that MPs must be given a vote on triggering Article 50. The Scottish and Welsh governments were granted the right to intervene in the court case earlier this month.