Government loses Article 50 case but Supreme Court rules Theresa May doesn’t have to consult Scotland, Wales and Northern Ireland on triggering Brexit
THERESA May might have lost her case in the Supreme Court - meaning she has to have a vote in Parliament before triggering Article 50 - but today's ruling has a silver lining for her.
She will NOT have to legally consult politicians in Scotland, Wales or Northern Ireland before starting the Brexit process - which will be a relief as the First Minister Nicola Sturgeon fights against Britain leaving the EU.
The Court rejected calls from the Scottish and Welsh Governments that they too should have a say before Brexit talks begin.
Lawyers had argued that Holyrood's consent was needed because of the "significant changes" that Brexit would have on the devolved parliaments.
Under the Sewell Convention, a key part of devolution arrangements, Westminster will normally legislate on devolved matters only with the express agreement of the other parliaments.
The Welsh Government had told the Court that as leaving the EU would affect Welsh devolution, then Assembly Members should have their say.
But today judges rejected their arguments, saying that while the regions play "an important role" in the UK constitution, "the devolved legislatures do not have a veto on the UK's decision to withdraw from the EU".
Lord Neuberger said: "Relations with the EU are a matter for the UK government."
The third-largest party in the Commons said it would put forward 50 amendments to the Brexit legislation, which is due to be drawn up within days. They included demanding the Government produce a white paper before invoking article 50, and that if Parliament reject a deal, Britain should be able to revise the "current terms of membership".
Ms Sturgeon has said that she is likely to hold a second independence referendum in Scotland, regardless of the ruling.
While Britain as a whole voted to leave the EU by 52%, Scotland voted to stay by 62%. Wales as a region opted to leave, and Northern Ireland voters wanted to Remain in the bloc.
Ms Sturgeon will hold a meeting of her close advisers to decide on their next steps.
Former Scottish First Minister Alex Salmond said that his party's amendments would ensure that the devolved administrations were treated as "equal partners" in the process.
He said today: "Our amendments will address the very serious concerns facing the UK and the very real issues that the UK Government has, thus far, avoided.
"If Theresa May is intent on being true to her word that Scotland and the other devolved administrations are equal partners in this process, then now is the time to show it."
The First Minister said she was "disappointed" with the news Scotland would not be able to have its say, and promised a vote in the Scottish Parliament on triggering Article 50 - even if it wasn't binding.
She added: "This raises fundamental issues above and beyond that of EU membership. Is Scotland content for our future to be dictated by an increasingly rightwing Westminster government with just one MP here – or is it better that we take our future into our own hands?
"It is becoming ever clearer that this is a choice that Scotland must make."
By a majority of 8 – 3, the Supreme Court justices ruled that the Government could not trigger Article 50 before passing an Act of Parliament. Government lawyers had argued that Mrs May could do this without MPs.
Mrs May was told at 9.15am today of the ruling, which upheld the original judgment made in the High Court, brought forward by anti-Brexit campaigner, Gina Miller.
This now means a piece of legislation will have to be brought before Parliament to be voted on by MPs and Lords. The pound wobbled against the dollar at the news – it slipped by 0.5 per cent following the announcement.