The Scottish Government could become involved in the legal challenge resulting from the Brexit vote, the First Minister revealed as she described the High Court’s verdict that MPs must consent to the triggering of Article 50 as “hugely significant”.
Nicola Sturgeon said ministers will now “actively consider” if the Holyrood administration should become involved in the case.
She was speaking during First Minister’s Questions and after the UK Government confirmed it would appeal the High Court’s decision.
In one of the most important constitutional cases in generations, three senior judges ruled that Prime Minister Theresa May does not have the power to use the royal prerogative to trigger Article 50 of the Lisbon Treaty to start the two-year process of negotiating Brexit without the prior authority of the Westminster Parliament.
Ms Sturgeon said: “The judgment this morning I don’t think is a huge surprise for anyone that followed the case, but it is hugely significant and it underlines the total chaos and confusion at the heart of the UK Government.
“We should remember that their refusal to allow a vote in the House of Commons is not some matter of high constitutional principle — it’s because they don’t have a coherent position and they know that if they take their case to the House of Commons that will be exposed.”
Asked by Labour MSP Lewis Macdonald if the Scottish Government would “actively oppose” the appeal by the UK Government when the case reaches the Supreme Court, Ms Sturgeon said: “We will be looking at the judgment very carefully and, yes, we will actively consider whether there is a case for the Scottish Government to become participants in that case.”
She added: “The job of this Government is to protect Scotland’s interests. Scotland voted to remain in the EU and my job is therefore to protect our place in Europe and in the single market as far as I possibly can.
“SNP MPs in the House of Commons will certainly not vote for anything that undermines the will or the interest of the Scottish people.”
