The Lord Advocate, Scotland’s chief law officer, will argue that Article 50 cannot be triggered without the Scottish Parliament first granting “legislative consent”, on grounds that Brexit would effect “a significant change in the current devolution settlement.”
Over a million Scots backed Brexit, with Leave ultimately clearing Remain by 1,269,501 votes UK-wide, but no Scottish MPs and only half a dozen out of 129 MSPs campaigned for it. It is expected that the political class in Holyrood would vote heavily in favour of sabotaging Brexit, if given the opportunity.
The Supreme Court’s decision to entertain the SNP’s case has raised suspicion that the judiciary is seeking to help Remain campaigners find legal loopholes to block or substantially water down Brexit. At least one Supreme Court Justice, the Lord Mance, is a member of the European Law Institute, just the same as controversial High Court judge Lord Thomas of Cwmgiedd.
The Institute, which campaigns actively for “the enhancement of European legal integration”, is headed by former Lib Dem MEP Diana Wallis. Earlier this month Breitbart London revealed a video of Wallis telling a crowd of anti-Brexit protestors that MPs should either block Brexit in Parliament or reopen the issue at a general election or in another.
Despite this apparent conflict of interest, the Supreme Court has given no indication that Lord Mance will recuse himself from the upcoming hearing.
Meanwhile, lawyers working for the millionaire fund manager who brought the Article 50 case have urged the SNP to open a second legal front against Brexit in the European Court Justice.
Jolyon Maugham QC wants the Scottish First Minister to seek a ruling from the Luxembourg body on whether or not Article 50 can be reversed, to “explode the cosy consensus” that Brexit is now inevitable and potentially derail the entire process.
Brian Monteith, a Scottish spokesman for the Leave Means Leave campaign, has urged the SNP leader to give up on her attempts to disrupt the exit process, and to think of the “great benefits” which Brexit could bring to Scotland.
He told Breitbart London: “Scotland voted strongly in favour of maintaining the United Kingdom in 2014, and the United Kingdom voted decisively for Brexit.
“Instead of sowing division and trying to write Leave voters north of the border out of history, the SNP should be preparing to embrace the sweeping new powers which Brexit will transfer to Holyrood and put them to good use.”
A handful of SNP figures have now begun to speak up on the opportunities which Brexit could bring, particularly for the fishing industry. Nicola Sturgeon’s predecessor as SNP leader, Alex Salmond, once argued that “the dead hand of Brussels mismanagement” had been “disastrous for Scotland’s fishing communities, the Scottish economy and our maritime environment”.
November 19th, Breitbart