Davidson vows to back court challenge to SNP Bill
RUTH Davidson yesterday vowed to back any legal challenge to the SNP’s emergency Brexit Bill if it is passed at Holyrood.
The Scottish Conservative leader said she believes a Supreme Court battle could be necessary to test the ‘complex, finely balanced legal situation’.
She spoke as the Prime Minister outlined her view of the UK’s negotiations over a trade deal with the EU following Brexit – in which she insisted any deal must strengthen the Union.
Miss Davidson pledged to support Mrs May in her Brexit bid only if she ‘fulfills her principles’ on leaving the EU.
This week, SNP ministers forced through
plans which could see the SNP government’s Brexit Continuity Bill fasttracked through parliament – with MSPs facing a final vote in just three weeks.
The Bill was tabled as an alternative to the Westminster European Union (Withdrawal) Bill but was criticised as being ‘manifestly incoherent’.
Theresa May also attacked Nicola Sturgeon for pushing through the Bill while negotiations between Westminster and Holyrood continue over devolved responsibility.
On Thursday, MSPs voted to rush the Bill through as emergency legislation despite the Scottish Conservatives raising fears that this would lead to bad law with little chance for parliamentary scrutiny.
Holyrood’s Presiding Officer Ken Macintosh has ruled that the SNP Bill is outwith the Scottish parliament’s legislative competence, but the Lord Advocate James Wolffe has indicated otherwise.
Yesterday, Miss Davidson pledged her support for a legal challenge after it was suggested that UK officials will take Scottish ministers to the Supreme Court in a bid to stop the Bill.
Speaking to the BBC, she said: ‘I think that we have to. I think lawmakers like politicians have a duty to respect the law and I think that if this is in contravention of that then, absolutely, it is incumbent upon us to test that.’
The measures in the ‘Continuity Bill’ are designed to sidestep Westminster by giving Holyrood direct control over the repatriation of up to 111 EU powers.
This includes areas such as fisheries, environmental protection, food standards and agriculture.
Mrs May was forced to reschedule her speech on Brexit, moving the event from Newcastle to central London. In it she pledged her support for the Union, claiming that any deal must strengthen the United Kingdom.
She said: ‘As Prime Minister it is my duty to represent all of our United Kingdom, England, Scotland, Wales and Northern Ireland.’
Miss Davidson welcomed Mrs May’s speech and said: ‘The Prime Minister set out a pragmatic, realistic plan which gives us the basis for the next round of negotiations.
‘I welcome her commitment to protect the integrity of our own Union as we leave the EU.’
But First Minister Nicola Sturgeon hit back, saying that Scotland had voted overwhelmingly to remain in the EU – and accused Mrs May of ‘consistently’ failing to engage with the Scottish Government.