UK government to challenge Scottish Continuity Bill in Supreme Court

The UK government is to launch a legal challenge against Scotland’s Brexit legislation next week at the UK Supreme Court.

Attorney General Jeremy Wright QC MP and Advocate General for Scotland, Lord Keen of Elie QC, are expected to lodge a formal application contesting the legality of the Continuity Bill at the court.

The legislation is intended to ensure repatriated powers vest in Holyrood and not Westminster upon Brexit.

It was passed by MSPs last month as negotiations between the governments reached an impasse.

Contrary to the advice of Presiding Officer Ken Macintosh, who thought the bill was ultra vires, ministers pushed ahead with the legislation, with the Lord Advocate, James Wolffe QC, making an unprecedented defence of it in the Parliament.

Scottish Secretary David Mundell said it was “almost inevitable” the legality of the bill would require to be tested by the Supreme Court.

He said: “When you have that degree of uncertainty, then you know inevitably it needs to be clarified. I don’t regard it as a big deal as such. That’s where the process takes you.”

A Scottish government spokesman said: “The Continuity Bill was passed overwhelmingly by the Scottish Parliament. Scottish ministers are satisfied the bill is within legislative competence.”