The court is hearing arguments about whether the Brexit legislation passed by MSPs should be allowed to stand. UK law officer Lord Keen said the Scottish legislation would “undermine” Westminster’s EU Withdrawal Bill.
But Scotland’s Lord Advocate insists that the bill is within Holyrood’s remit and should become law.The Welsh and Northern Irish assemblies will also be represented in the two-day hearing, having made submissions backing the Scottish government’s stance.
The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – known as the “continuity bill” – was passed under emergency procedures with only the Conservatives and a single Lib Dem MSP voting against it.
It was drafted as an alternative to Westminster’s EU Withdrawal Bill, which MSPs refused to give their consent to following a row over how powers currently exercised from Brussels will be used after Brexit.
But before it could become law, it was referred to the Supreme Court by UK law officers to settle whether it lies within Holyrood’s competence.
The UK government’s senior law officers said they wanted the Supreme Court to look at the bill to ensure there was “legal certainty” about whether it is valid.
Arguments are being heard at the Supreme Court by Lady Hale, Lord Reed, Lord Sumption, Lord Carnwarth, Lord Hodge, Lord Kerr and Lord Lloyd-Jones.
Lord Keen said it was “perfectly clear” that the Scottish bill was “directly inconsistent with the UK Act at the most basic of levels”, saying “the two simply cannot stand together”.
He told the court that this would create “dual and inconsistent regimes” within the UK, which would “directly frustrate the purpose” of the Withdrawal Bill, which was to create a “single cohesive body” of EU laws retained after Brexit.
He also argued that the continuity bill could have a bearing on international relations, a field reserved to the UK parliament. he said that “withdrawal from the EU is a matter for the UK parliament, and the devolved administrations do not have a parallel legislative competence” in this area.
SOURCE- BBC
