THE Supreme Court’s ruling that the Scottish and Welsh governments will be allowed to intervene in how Brexit will be triggered is a sensible and welcome decision.
It is just the latest blow to the Government’s plans to trigger Article 50 after the High Court recently ruled that Prime Minister Theresa May must seek MPs’ approval to start the process of leaving the European Union.
It is The Herald’s position that, from the outset, the Government’s stance on the triggering of Brexit has been arrogant, unconstitutional and wrong. In its determination to take the UK out of the EU without consulting Parliament it has displayed a disdain for due democratic process, for which it is paying a political price.
In effect its two recent legal setbacks are tantamount to a rebuke. They act as a sharp reminder to the effect that so much is at stake that it is simply not acceptable for such a decision to be steamrollered through without Scottish, Welsh and other concerns being fully heard.
That this will happen is certain to cast an altogether different light on the implications of the Brexit process and divorce from the EU. Yesterday’s ruling raises the possibility too, albeit seemingly a slim one, of the Supreme Court agreeing with the SNP that the Scottish Parliament should have a veto over the Brexit strategy.
Whether this transpires or not, First Minister Nicola Sturgeon’s insistence that Scotland’s voice must be heard in the light of the Scottish people’s decisive vote to Remain has been vindicated. Counsel for the Scottish Government will be allowed to argue that Brexit, as planned by Ms May, is likely to have a decisive impact on the devolution settlement and the law in Scotland.
The potential hazards Scotland faces as part of any Brexit implementation are many. The Herald in its Beyond Brexit series has sought to outline the potential pitfalls along with possible solutions. If Scotland is to be faced with a new constitutional landscape it is imperative and only right that its citizens have as much understanding of that terrain and the ability to navigate it with the necessary knowledge.
After all, almost every aspect of life in the country will be affected. Whether it is questions over the potential damage Brexit might do to university research and the depletion of young talent or the impact on immigration, health, social care, the arts, justice or freedom of movement, all issues must be comprehensively addressed.
In the Beyond Brexit series we have been seeking to do just that, and the response of our readers is a clear indication that the enormity of this decision and its implications matter to many.
Through the Supreme Court’s ruling, some of these key issues will form part of the evidence presented to 11 leading judges who will spend four days deciding if MPs should vote before triggering a two-year exit process.
Being able as they are to fight their corner over Brexit separately from the UK Government, the interests of Scotland and Wales are better served. So, too, is the democratic process.
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