MPs to vote on Brexit plan as Scotland’s Lord Advocate argues for Holyrood involvement

Houses of Parliament - PA

MPs will call on Theresa May to publish the UK Government’s strategy for leaving the European Union today, after the Prime Minister conceded to a Labour motion on the subject.

Ministers added an amendment to Labour’s non-binding opposition day motion calling on the publication of the plans before Article 50 is triggered, which begins the formal process of Brexit.

The Government amendment attempts to secure May’s planned timetable for invoking the clause before the end of March.

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The number of potential rebels on the Conservative benches forced May’s hand last night, in what Labour have described as “a welcome and hugely significant climbdown”.

It also comes as the Supreme Court considers whether or not the Government needs the backing of Parliament to invoke Article 50 in the first place.

Labour has said it would not “delay or frustrate” the triggering of Article 50, but the SNP and Liberal Democrats have indicated they may vote against.

The Scottish Government's top law officer, Lord Advocate, James Wolffe, will appear in the Supreme Court today to argue that Holyrood needs to be consulted before Article 50 can be triggered.

Scotland’s separate legal system means the Scottish Parliament should have a formal role, he will argue, based on details of the most recent Scotland Act and the 1998 devolution Sewel convention, which means Westminster cannot legislate on devolved matters without consent.

Lord Keen, the Advocate General for Scotland yesterday argued against the case, saying it was “fatally undermined” by foreign affairs being a reserved matter.

The devolved nations are also making representations at Westminster, with Scotland’s Brexit minister Michael Russell appearing before the Scottish Affairs Committee later.