UK Government launches legal challenge against devolved Brexit bills

The UK Government has asked the Supreme Court to rule on emergency Brexit legislation passed by the Scottish and Welsh parliaments.

The challenge is whether the ‘continuity bills’ are constitutional and within the competency of the devolved administrations.

The parliaments introduced the legislation as a replacement for the EU Withdrawal Bill at Westminster in case an agreement with the UK Government cannot be reached.

Both devolved governments have described the UK bill as a “power grab” and a threat to the devolution settlement.

The Scottish Parliament’s presiding officer Ken Macintosh has said he doesn’t believe the Scottish Government’s continuity bill has a legal basis, while Lord Advocate James Wolffe has argued it is competent.

Welsh presiding officer Elin Jones has said the Senedd had the powers to pass its bill.

The UK Attorney General and the Advocate General for Scotland have now asked the Supreme Court to rule on the issue.

Advocate General for Scotland Lord Keen said: “By referring the Scottish Parliament’s Continuity Bill to the Supreme Court, we are seeking legal certainty as to its competence. 

“Given the Presiding Officer’s view at introduction that the bill was not within the legal scope of the parliament, we believe it is important to ask the court to provide absolute clarity. In doing so we are following the process set out in the Scotland Act 1998. 

“Particularly in the run up to Brexit, it is vital that we avoid legal uncertainty in our statute book.”

Attorney General, Jeremy Wright QC MP said: “This legislation risks creating serious legal uncertainty for individuals and businesses as we leave the EU.

“This reference is a protective measure which we are taking in the public interest. The [UK] Government very much hopes this issue will be resolved without the need to continue with this litigation.”

Scotland's Brexit minister Mike Russell said the Scottish continuity bill commanded an "overwhelming majority" at Holyrood.

“The Lord Advocate will be arguing in the Supreme Court that it is within the powers of the Scottish Parliament to prepare for the consequences for devolved matters of UK withdrawal from the European Union," he said.

“Our Continuity Bill is an important and necessary piece of legislation to prepare Scotland’s laws for Brexit while protecting the powers of the Scottish Parliament that people voted for.

“The Scottish Government has made clear it cannot recommend the Scottish Parliament consent to the Withdrawal Bill in its current form. 

“Alongside the Welsh Government, we have always said our preference would be to reach an agreement with the UK Government to amend the EU Withdrawal Bill to respect the powers of the devolved administrations and both Governments are ready to  continue meaningful talks to further discuss potential solutions.

Welsh First Minister Carwyn Jones said: “Our continuity bill is a legitimate means of protecting Welsh interests and devolution settlement and we will defend any action before the Supreme Court.”