Scottish Brexit Bill challenged at Supreme Court

Brexit legislation passed by the Scottish devolved administration “cannot stand”, the UK’s highest court has heard.

The submission was made at the start of a challenge at the Supreme Court in London over the “competence” of the Scottish Bill.

The EU exit legislation has been referred to the court by the Attorney General and the Advocate General for Scotland, the government’s senior law officers.

Advocate General for Scotland Lord Keen told seven justices at the start of the two-day proceedings yesterday that their case was that “the Scottish Bill as a whole cannot stand”.

He told the panel, including Supreme Court president Lady Hale and deputy president Lord Reed, that the Bill “impermissibly modifies” the UK Act on withdrawal from the EU.

The UK Bill was given Royal Assent on June 26 and became the European Union (Withdrawal) Act 2018.

The law officers say in their written case before the justices that the Scottish Bill was passed “without knowledge” of the outcome of negotiations between the UK Government and the EU institutions and “pre-empts them”. They state: “The effect of what the Scottish Bill does is to make provision for the future relationship with the EU and EU law when that relationship is under negotiation.”

They submit that this “could serve to undermine the credibility of the UK’s negotiation and implementation strategy in the eyes of the EU”.

The move seeking “legal certainty” from the Supreme Court on the legislation, which was passed in March, was taken “in the public interest” by the law officers.