Supreme Court Brexit case hears Scotland has NO SAY over Article 50
BREXIT should not be held up by Scottish grandstanding because Nicola Sturgeon has no right to overrule Westminster, according to Scotland’s own advocate general arguing for the Government in the Supreme Court.
Scotland gets no say over Britain's Brexit negotiations, blasts legal expert
Lord Keen has made the case to the 11 law lords deliberating Article 50 that the devolved powers of Scotland, Wales and Northern Ireland carry no weight when it comes to delaying the Government’s Brexit action.
He is adamant that Westminster pulls rank when it comes Brexit, making the point that the devolved nations’ argument carries no weight.
He said: “Parliamentary sovereignty can legislate at any time on any matter and that's played out in the devolution agreement.
"I think the Lord Advocate is plainly wrong to suggest that the UK parliament is constrained by devolution.
“There is no substance in this point of view."
Nicola Sturgeon has been vocal about opposing Brexit
Another legal exert, Professor Gavin Phillipson of Durham University’s law school, also acknowledged how slim Scotland’s chances were of forcing Theresa May into delaying Article 50, but he left the door open to the possibility.
He said: “If it succeeded it would actually throw a huge spanner in the works. If the Supreme Court was to hold that the Scottish government had to give its consent, we know the Scottish government wouldn’t give its consent. That would actually stop Brexit in its tracks so this is actually an argument that could have huge ramifications if it succeeded."
The debate centred around the Sewell Convention, which relates to the devolved relationship between Westminster and the rest of the UK.
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It reads: "One would expect a convention to be established that Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament."
But this proved a bone of contention for the law lords presiding over the Article 50 deliberations.
One of the judges said: “It depends what you mean by 'normally.”
Lord Keen shot down the lofty lord, saying: “Well, equally then, it depends what you mean by 'recognised as' or 'with regard to', doesn't it?"
The bench did not respond.