Scots’ new exit bill is ruled unlawful

BRITAIN'S top court has ruled the Scottish Government's alternative Brexit legislation is partially unconstitutional.

Supreme Court judges in London said while the Scottish Bill “as a whole would not be outside the legislative competence of the Scottish Parliament,” a key section could limit Westminster's ability to make laws north of the border.

After the judgment, Tory Scottish Secretary David Mundell said the verdict proved the Government had done the “right thing” in bringing the legal challenge against Holyrood.

The Scottish Government believes MSPs were entitled to pass the Bill in March and said Theresa May's legal challenge gave Westminster time to change Holyrood's powers.

Scotland's Secretary for Constitutional Relations Mike Russell accused UK politicians of “an act of constitutional vandalism”.

He said: “For the first time ever, UK law officers delayed an act of the Scottish Parliament from becoming law by referring it to the Supreme Court.

Vandalism

“Then the UK Government, for the first time ever, invited the UK Parliament to pass a Bill which they knew would cut the powers of the Scottish Parliament without its consent.

“The UK Government changed the rules of the game midway through the match.

“This is an act of constitutional vandalism but that does not take away from the fact this judgment makes clear MSPs were perfectly entitled to prepare Scotland's laws for Brexit at the time this Bill was passed.”

First Minister Nicola Sturgeon described the ruling on the Bill as “an important vindication” for her government.

She said the Supreme Court found “with the exception of just one section” that the Continuity Bill was within Holyrood's competence “at point of introduction”.

But Mr Mundell said: “The Supreme Court has provided much-needed legal clarity that the Continuity Bill goes beyond the powers of the Scottish Parliament.

“This demonstrates clearly that it was the right thing for the UK Government to refer the Bill to the court.

“It is now for the Scottish Government to consider how to proceed and we hope Holyrood will take a pragmatic approach and work constructively with us as we leave the EU.”