UK’s highest court to rule on the Scottish Brexit Bill

The United Kingdom’s highest court will rule on a challenge brought over Brexit legislation passed by the Scottish Parliament.

Supreme Court justices will announce their decision today on the “competence” of the Scottish Bill following a hearing in London in the summer.

The court has been asked to rule on whether the European Union exit bill passed by Holyrood in March is constitutional and “properly within devolved legislative powers”.

SNP ministers in Edinburgh brought forward the legislation after branding the UK Government’s European Withdrawal Act a “power grab” – fearing this will mean responsibilities they believe should come to Holyrood after Brexit will instead go to Westminster.

When the Bill was passed, Scottish Government ministers insisted it was within Holyrood’s competence – although the Scottish Parliament’s Presiding Officer Ken Macintosh ruled against them on this.

As a result of the UK Government’s legal challenge, the Supreme Court has been asked to decide if the UK Withdrawal from the European Union (Legal Continuity) (Scotland Bill) is indeed “within the competence of the Scottish Parliament”.

The issue was referred to the court to seek legal certainty “in the public interest” by the Attorney General and the Advocate General for Scotland.