Legal challenge over Scottish Parliament Brexit bill to begin

A legal challenge against the Scottish Parliament's EU continuity bill will today begin in the Supreme Court after UK law officers challenged whether the legislation lies within Holyrood's competence.

The Scottish Parliament passed the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill in March, with backing from the SNP, Scottish Labour, the Scottish Greens and Scottish Lib Dems.

The legislation was an emergency measure in case the Scottish Parliament rejects UK Brexit legislation, to prevent what ministers in Scotland and Wales have described as a “power grab” of powers repatriated from Brussels.

Presiding officer Ken Macintosh then raised questions over whether the legislation was within the parliament’s competence, though Lord Advocate James Wolffe argued it was "carefully framed" so that "nothing will be done that is incompatible with EU law, before withdrawal from the EU".

The Welsh and Northern Irish assemblies will also be represented in the hearing after backing the Scottish government's stance.

Any parts of the bill are rejected by the court it would go back to the Scottish Parliament for MSPs to consider.

Scottish Secretary David Mundell said: "Given the view of the Scottish Parliament's presiding officer that the Continuity Bill was not within the legal scope of the parliament, we believe it is important to ask the Supreme Court to provide absolute clarity.

"The legislation which set up the Scottish Parliament anticipated such a situation, and we are simply following the legal process set out in the 1998 Scotland Act."

SNP Westminster leader Ian Blackford told the BBC: "It's not about the SNP. It's with the support of the Labour Party, the Liberal Democrats and the Greens.

"It's to make sure that we support the powers that should be within the Scottish parliament.

"It's about the devolution settlement from 1998."

A judgement is not expected until later in the year.