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Scottish Government wins right to have say in Brexit court battle

Scottish Brexit Minister Mike Russell welcomed the decision of the Supreme Court
Scottish Brexit Minister Mike Russell welcomed the decision of the Supreme Court

The Scottish Government has been given the go-ahead to intervene in a court battle over how Brexit should be formally triggered.

Scotland’s Brexit minister Mike Russell welcomed the ruling by the Supreme Court yesterday, which also enables the Welsh Government to have its say.

Speaking afterwards, he insisted the views of Scots “cannot simply be brushed aside”.

The UK Government is appealing against a High Court ruling that Theresa May must seek MPs’ approval to activate the

process of taking Britain out of the EU.

Scotland’s senior law officers will now have the opportunity to take part, addressing the Supreme Court justices on the relevant points of Scots Law.

While hailing the news, Mr Russell also called on the Tories to drop the appeal altogether.

He said: “We recognise the decision of people in England and Wales to support Brexit, but the views of people in Scotland cannot simply be brushed aside.

“The Lord Advocate will be making the case on behalf of the Scottish Government and he will set out his arguments to the court.”

In Scotland, 62% of those who voted in June’s referendum favoured the UK remaining part of the EU.

First Minister Nicola Sturgeon has vowed to fight for Scottish interests in the wake of the result.

She also said in its immediate aftermath that another reference on Scottish independence was “highly likely” and the Scottish Government has since unveiled a draft bill setting out the rules of a second poll.

Ross Greer, the Scottish Greens external affairs spokesman, welcomed the court’s decision, but added: “It’s a sad state of affairs that the Scottish Government has to go to court to ensure the voice of voters in Scotland can be heard.

“Scotland voted to stay in the EU and if the Tories will not even try to recognise that and continue with their Brexit omnishambles, a referendum on independence seems inevitable.”

Scottish Liberal Democrat Leader Willie Rennie said it was right the Scottish Government had been allowed to join the hearing because whatever the outcome it would have a “profound impact” on Scotland.

A UK Government spokesman said: “It is a matter for the Supreme Court which applications to intervene are accepted.

“Our position remains the same, and we will be taking strong legal arguments to court next month.”

The appeal is due to be heard by 11 judges next month, with a judgement expected in the new year.